Cui Yu, deputy to the National Peoples Congress: speed up the revision of the law of the peoples Bank of China on Commercial Banks

category:Finance
 Cui Yu, deputy to the National Peoples Congress: speed up the revision of the law of the peoples Bank of China on Commercial Banks


It is suggested to amend the law of the peoples Bank of China in due time

Second, we need to further improve macro Prudential Management. It is suggested to add special chapters to clarify the content of macro Prudential Management, including but not limited to the policy framework of macro Prudential Management and the content of macro Prudential Management; to enrich the supervision measures of the peoples Bank of China, we can take such measures as law enforcement inspection, administrative investigation, administrative punishment and other binding means to solve the problems of weak regulatory operability of the central bank, mismatch between measures and legal responsibilities.

Third, we need to further strengthen overall financial management. It is suggested that financial market supervision should be carried out as a whole. In the relevant chapters, it is clear that the peoples Bank of China will carry out overall supervision on financial market participants, clarify the supervision objects and standards, improve access management, improve governance structure, and form a financial overall management system with reasonable layout, effective governance, scientific management and controllable risk. We will promote comprehensive statistics in the financial sector as a whole. First, in Article 4 of the law of the peoples Bank of China, it is clear that the peoples Bank of China is responsible for overall planning of comprehensive statistics of the financial industry; second, it is necessary to promulgate regulations on the administration of financial statistics as soon as possible, clarify the rights and obligations of the administrative departments and statistical objects, and provide legal support and guarantee from expanding the statistical field, enriching the statistical content and promoting the coordination of statistical management; third, it is necessary to strengthen the relevant laws and regulations In the proposed financial regulatory laws and regulations, the obligation of regulatory objects to submit comprehensive statistical data of the financial industry shall be clarified.

Cui Yu suggested the following amendments to the Commercial Bank Law:

First, further strengthen financial supervision. It is suggested to add an article to the general provisions of Chapter I of the commercial bank law to clarify the categories and standards of commercial banks. For example, commercial banks are classified according to their asset size. At the same time, the concept of classified supervision should be clarified.

Second, further standardize the operation and management. One is to expand the business scope of commercial banks according to Article 3 of the commercial bank law. Second, in view of Article 43 of the commercial bank law, the restrictions on the cross business operation of commercial banks should be eased appropriately, and the provisions such as commercial banks are not allowed to engage in trust investment and securities business within the territory of the peoples Republic of China, not allowed to invest in non self use real estate or non bank financial institutions and enterprises, unless otherwise stipulated by the state should be adjusted accordingly, so as to meet the requirements In line with the actual operation and management of commercial banks.

Third, further standardize the credit of small and micro enterprises. It is suggested to add relevant provisions on small and micro credit of commercial banks in Chapter IV Basic rules of loans and other businesses of the commercial bank law, and take due diligence exemption as one of the basic principles of accountability.

Fourth, further strengthen capital constraints. In view of Article 13 of the commercial bank law, in the aspect of establishing the registered capital of commercial banks, it is suggested to comprehensively consider the capital restriction and risk prevention requirements of commercial banks and reasonably increase the minimum registered capital to meet the needs of normal business operation and risk control of commercial banks.

Sixth, we will increase the penalties for commercial banks violations. Compared with the economic and social negative effects caused by the illegal acts of commercial banks, the punishment for the illegal acts is relatively low at present. It is suggested to appropriately increase the punishment for the illegal acts and enrich the punishment means for the illegal acts in accordance with Article 73 of the commercial bank law. Finally, in order to build a market-oriented legal system of financial market in an all-round way, the new commercial bank law should be coordinated with the upcoming civil code, as well as the peoples Bank of China law, the banking supervision and management law, the securities law, the insurance law, the company law, the enterprise bankruptcy law, and the futures law, so as to give full play to the system of laws and regulations to adjust the financial market The joint force advantage of standardizing financial behavior and constantly improving the financial governance system of our country. Source: responsible editor of Securities Times: Yang bin_nf4368

Sixth, we will increase the penalties for commercial banks violations. Compared with the economic and social negative effects caused by the illegal acts of commercial banks, the punishment for the illegal acts is relatively low at present. It is suggested to appropriately increase the punishment for the illegal acts and enrich the punishment means for the illegal acts in accordance with Article 73 of the commercial bank law.

Finally, in order to build a market-oriented legal system of financial market in an all-round way, the new commercial bank law should be coordinated with the upcoming civil code, as well as the peoples Bank of China law, the banking supervision and management law, the securities law, the insurance law, the company law, the enterprise bankruptcy law, and the futures law, so as to give full play to the system of laws and regulations to adjust the financial market The joint force advantage of standardizing financial behavior and constantly improving the financial governance system of our country.