The Research On The Regulation Of Administrative Penalty Power Of China Banking And Insurance Regulatory Commission

At a time when the world’s financial landscape is constantly divided and reshaped,the power of administrative penalty is an important means for the China Banking and Insurance Regulatory Commission to implement supervision in accordance with the law.Through the punishment measures such as warnings and fines imposed on illegal institutions,it effectively promotes the overall convergence of risks in the banking and insurance industry.The administrative penalty of the China Banking and Insurance Regulatory Commission will not only infringe on the legitimate rights and interests of the administrative counterparts,but also cause panic in the financial market.The comprehensive regulation of this power from the track of the rule of law is of great practical significance for promoting administration according to law and deepening the reform of the administrative law enforcement system.This thesis introduces the current situation of the exercise of administrative penalty power of the China Banking and Insurance Regulatory Commission,and summarizes the source of its legal basis,the characteristics of the penalty procedure,the common types of penalties and the effect of the penalty.Case analysis,data statistics and other analysis methods are adopted to summarize the problems existing in the administrative penalty power of the China Banking and Insurance Regulatory Commission as insufficient punishment deterrence,inefficiency of punishment procedures,and punishment discretionary discretion.And focus on the analysis and elaboration of the main causes of the problem.The existing legislation seriously lags behind the actual needs and the lack of penalty discretionary benchmarks are the core causes of the problem.The procedural provisions one-sidedly emphasize the power to punish themselves,and the relative participation of the people is insufficient.The standardized expression of the punishment process is relatively principled Specific guidelines are the key cause of the problem;the lack of internal and external supervision of the punishment power,and it is difficult for people to take the initiative to initiate rights relief because they are afraid of regulatory authority.In this regard,this article puts forward the goal of improving the legal normative system of administrative punishment of the China Banking and Insurance Regulatory Commission at the entity level,accelerate the revision of laws such as the Banking Regulatory Commission Law,improve the expression paradigm of legal norms,and clearly define the form of illegal expression;improve the standard of the range of punishment from the punishment or not and the magnitude Types of penalties;construction of discretionary benchmarks for administrative penalties and other countermeasures.At the procedural level,with the purpose of improving procedural norms,reshape the punishment procedures from improving the participation of administrative counterparts’ punishment procedures,and realize the real protection of the legitimate rights and interests of counterparts;form scientific and reasonable punishment standard procedures around law enforcement subjects,law enforcement rules and public publicity;actively explore automatic discretionary assistance.Improve the efficiency of punishment.At the implementation level,take strengthening accountability as the direction,take administrative reconsideration and litigation as the starting point to unblock the relief channels for the rights of the counterparts;take the cultivation of sense of responsibility as the core to enrich the internal and external supervision mechanism of the China Banking and Insurance Regulatory Commission;implement the punishment effect evaluation system to improve the effectiveness of administrative punishment.Through the above countermeasures and paths,it will be beneficial to the implementation of administrative regulations of the China Banking and Insurance Regulatory Commission.