Research On The Classification Of Administrative Penalty Applied By CBIRC Research

Financial institutions represented by banking industry are an important part of market economy.They play an indispensable role in fulfilling financing needs of real economy,meeting the wealth management needs of social groups,and ensuring the establishment of modern economic system.Because of the prominent information asymmetry and high leverage in the financial industry,with the continuous emergence of financial innovation products and cross domain products,the hidden risks of financial market are accumulating,as the supervising administrative organization of the banking financial institutions,its establishment has aroused academic discussion,and the timeliness,effectiveness and foresight of its administrative supervision have constantly attracted the attention of the society.Among them,as a regulatory intervention and correction of bank misconduct,the administrative punishment has dual functions of punishment and education,which is an important administrative supervision measure of the CBIRC.Taking the administrative punishment information of China Banking Regulatory Commission from 2011 to 2020 as the sample,this paper analyzes the supervision strength,punishment scale and supervision focus of China Banking Regulatory Commission from the perspective of tickets.Empirical data show that at present,the CBIRC focuses and relies too much on ex post supervision,and at the same time,it mainly adopts the way of administrative punishment to realize the administrative supervision responsibility.In view of the repetitive,monotonous and random application of administrative punishment by the CBIRC,this paper further considers the typification path of administrative punishment by the CBIRC from three aspects:relevant regulatory laws and regulations,administrative punishment procedures and the corporate governance of the banking industry.In the process of applying administrative punishment to the CBIRC,it is the basis and premise to improve the administrative punishment classification system of bank supervision.We must establish the legal effect evaluation system of administrative punishment differentiation,and on this basis,create a diversified regulatory feedback communication mechanism of administrative punishment.It is an important means to standardize the classification procedure of administrative penalty applied by CBIRC.We must make clear the reasonable boundary of discretion,distinguish the classification procedure of administrative penalty applied by CBIRC,and refine the classification process of administrative penalty.The effect of expanding the classification of administrative punishment applied by the CBIRC is cooperation,continuous optimization of bank compliance incentive and performance appraisal,continuous improvement of the banking industry’s own risk management and internal control effect,and full play to the effective supervision role of market stakeholders.It is believed that in the future,through the continuous exploration and improvement of the mode and paradigm of administrative punishment,the exercise of administrative punishment power of China’s CBIRC will be more efficient and healthy,so as to balance the path of stability and flexibility,better deal with the relationship between tradition and innovation,financial security and market competition,and effectively prevent systemic financial risks.