| With the further development of economic globalization and mercerizationreform，China has benign all-round multi-level and wide-range opening to the outsideworld for last decades. China’s financial industry is entering a new stage and facingthe new opportunities and challenges, specially after joining the WTO. In order to thefurther strengthen financial macro-control and maintaining financial stability, theregulating function to other banks has separated from People’s Bank of China，butChina Banking Regulatory Commission has established in2003, the function ofmaking monetary policy, maintaining financial stability and providing the financialservices are enhanced. This is a very important milestone of the Banking Regulationsystem reform. It is playing a important role in compliance regulation and riskregulation to the foreign banks. However, some problems of our country’s bankingregulation have been exposed gradually is such system, as the shortcomings inregulation system, financial legal system, supervision coordination mechanism andthe unimproved deposit insurance system. All of these will have a large impact onbanking risk control. Based on this, this article’s starting point is studying thedevelopment of the People’s Bank of China and China Banking RegulatoryCommission, analyzing the administrative functions and powers performance ofPeople’s Bank of China and China Banking Regulatory Commission in laws andregulations and in the actual operation. The finding is that there is a legislative idealag in this kind of system design, which is not matching with the actual situation.Therefore, this article advocates learning the successful experience of the maindeveloped countries’ banking regulation configuration and coordination mechanism,In combination with China’s national conditions and banking regulation on the actualbasis. It puts forward that setting up the scientific management idea, the rationalprinciple of power allocation, a regular consultation system and memorandum ofunderstanding in the perspective of administrative law, reducing regulatory vacuumand repeat, in order to form a resultant force to solve the problem of theadministrative function and powers regulatory authority dispute between People’sBank of China and China Banning Regulatory Commission. |
