Research On The Legal System Of Underwriting Scope Of Deposit Insurance In China

The promulgation of Deposit Insurance Regulations on February 17,2015 marks the formal establishment of China's deposit insurance legal system.Deposit insurance system is established on the basis of market-oriented,to build a financial system instability control and relief mechanism,in order to establish and maintain the long-term stability of China's finance,and explicitly protect depositors.With the continuous reform of the financial system and the complication of the ownership of state-owned enterprises,the deposit insurance regulations only stipulate RMB deposits and foreign currency deposits,excluding inter-bank deposits,and can not adapt to the current situation of the sharp increase in the types of bank deposits.At the same time,the functional division of deposit insurance regulatory agencies in China has the imagination of cross-regulation.Therefore,it is of practical significance to study the scope of deposit insurance coverage.China's provisions on the scope of deposit insurance insurance are different from most foreign countries.For example,deposit insurance in the United States covers a wide range of deposits and uses the enumeration method.The division of supervision and division of labor of its departments has played a very good role in the legislative objectives of deposit insurance system.By drawing lessons from foreign experience,we can find comparative law experience on the basis of other countries' legislation.Specifically embodied in the following three aspects: First,the legislative principle of deposit insurance coverage in China is certainly consistent with the legislative principle of deposit insurance system,that is,to protect the interests of depositors and maintain long-term financial stability.However,to determine the scope of deposit insurance coverage,we should establish a principle of the scope of deposit insurance in line with China's national conditions from the macroeconomic point of view and the situation of China's financial system reform.Second,the deposit insurance regulations of our country stipulate that the insured items include RMB and foreign exchange deposits,and exclude inter-bank deposits.However,with the change of deposit types and the increase of deposit types,it is particularly urgent to study whether a certain deposit should be covered by deposit insurance.On the basis of the existing system,considering whether a certain type of deposit is insurable or not,the following three factors should be considered: whether it is widely accepted by the people of a country,whether it is conducive to the realization of public policy objectives,and whether a certain type of deposit is of great significance to the development of banks.Thirdly,to improve the management of deposit insurance fund,the supervisory powers of the China Banking Insurance Regulatory Commission and the People's Bank of China should be reasonably divided,and the deposit insurance coverage should be supervised at all stages beforehand,afterwards and in the course of the event.