| This article has studied on the financial supervising and managing theory from the beginning of the 19th century to modern society. In the 19th century, the classicism free economy theory occupied the mainstream economic status, and the financial supervising and managing theory also come from the classical financial theory. At that time, the classical economist thought generally the commercial bank is by"the hand which cannot see"carries on the guidance and the adjustment, between bank free competition, the necessity has not carried on the artificial restraint. At the same time, the classical economical scholar in still had the very big difference to the currency understanding aspect, and has initiated"the gold bar controversy". In addition, but also has by Thornton argues in refutation the development to Smith"the currency school of thought"and emphasized the bank own release limit"the bank school of thought"also revolves"the real bill"the theory to carry on the argument. The argument finally gains the victory by"the currency school of thought", starts to establish the special department to unify the currency the Central Bank. But, the 20th century 30's erupt the economic crisis makes the economic theorists to start to realize"cannot see the hand"to the traditional economic theory in the adjustment is not omnipotent. This time the government starts to accept in the Keynes principle economic the government to intervene the economical the viewpoint, implements the positive stable policy. But, on the century 70's have"the stagflation"the phenomenon, appeared the fierce price rise and the high quota unemployment simultaneously coexists situation. Regarding this the Keynes principle theory is unable to make the explanation, therefore the currency principle theory starts to be popular. This time, currency school of thought representative personage - Friedmann pointed out the market mechanism the function is most important, the open market and the competition are the resources and the income rational distribution most effective method, if the government intervenes the economy, will destroy the market mechanism the function, the hindrance economy development. At the same time, he also thought all economical variables change all with currency related, the currency authority can adjust the entire economy through the control money supply. Therefore, he opposed any form the state intervention, thought besides the currency, government any also does not need to manage. After this, Ronald·Mackinnon, Edward·Xiao proposed the financial deepening theory, its essence is the financial liberalization theory. It emphasized must remove the government to financial invalid supervising and managing, adjusts the economy with the interest rate, urges the financial organ, the money market and the financial tool in the financial liberalization advancement evolves unceasingly, and through free competition system realization finance and economical benign interaction and communal development. Gets up from 1990s, financial liberalization swift and violent development. The financial organ and its service expand to the whole world, simultaneously, the global finance system vulnerability more and more is also obvious. Economist Hewitt pointed out fuses highly in the financial system in the situation, the crisis conducts the way to be extremely smooth. Therefore, becomes the center of gravity to the global finance system risk guard as well as to financial internationalization activity union supervising and managing which the financial supervising and managing authority pays attention.After the American Revolution, the financial industry enters the free development the stage. Various State authority, the federal state is short very much to the financial organ carries on supervising and managing, created at that time US to overflow to send the bank note the chaos. In order to solve these problems, has established the American first bank, latter because of touches the state bank the benefit to announce dismisses. Afterwards has established the American second bank, after because the similar reason suffers soon closes down business. Will have some system design to lay the foundation in the future for the financial supervising and managing system establishment. If the New York state sets up"the safety fund"the system and the suffolk banking system, separately became afterwards the federation deposit insurance system embryonic form and the bank reserve against deposits system prototype. In 1863, US through "National Banking law", has established the national banking system, symbolized the federation and the state double thread finance supervising and managing system starts to move, US's financial supervising and managing established initially.1907 economic crisis enabled very many banks to occur goes out of business. Therefore US in 1913 through "Federation Reserve Law", established the federation reserve system, this time, US's financial supervising and managing system basic formation. In 1929 erupted the capitalist country throughout history most serious economic crisis, the people thought although the federation reserve system already established, but insufficiently was still comprehensive to financial industry supervising and managing, lacks the effective management the financial industry to play the role to the crisis which added fuel to the flames. Therefore, US has appeared "in 1933 Banking law", the prohibition financial industry mixes industry the management, the stipulation all national bank, the federation reserve system member bank all must to the FDIC insurance and so on. Afterwards has appeared "in 1935 Banking law", entrusts with the Federal Reserve to carry out the monetary policy authority. In addition, also obtains the enhancement to the negotiable securities and insurance business supervising and managing, has officially formed the American modern finance supervising and managing system. After big crisis 70's period, the American economic recovery prosperity, this time financial supervising and managing principle basic was the 30's strict control extension. Enters for the 80's, US starts to relax the control, continues continuously to the 90's initial period. Loans the association crisis along with the 80's last stage America heir apparents, has the question financial organ quantity large scale increase, American Government starts to relaxation supervising and managing to carry on reconsidering. Although relaxation supervising and managing is also continuing, but under this main key, more pays attention to careful supervising and managing.The American finance supervising and managing system is double thread manifold principle typical representative, is composed its bare bone by the federation management system management system and the state management system management system. The federation level supervising and managing organization has the currency to oversee bureau, the federation reserve system, Federal Deposit Insurance Corporation, the negotiable securities transaction committee and so on; 50 states separately have also set up own finance management structure. The American finance supervising and managing system has following characteristic: (1) double thread multi-head financial supervising and managing system: Currency overseeing bureau (OCC) and the state bank supervising and managing authority, becomes American Bank most main two basic supervise and manage, OCC is responsible for the law of the land bank provide license, the latter is responsible for the state law bank provide license. Next, FRS, FDIC, DFI, SIC, SEC and so on all embark from respective responsibility carry on supervising and managing, in which FRS, FDIC are two kind of main supervising and managing organizations.(2) standardized supervising and managing system: The Federal Reserve, federation supervising and managing departments and so on Federal Deposit Insurance Corporation, currency overseeing bureau formulated"the unified rating system"(to call jointly"camel rating system"), unified the American Bank inspector general inspection working standard. In addition, the supervising and managing department also adopts carries on the legal person to supervise and manage, sets up standardized and so on firewall to the financial company supervising and managing methods and the method. But supervises and manages the personnel also to pass through the special training, then has guaranteed the bank supervising and managing standardization.(3) strict perfect legal framework: US pays great attention to the financial legislation extremely, appeared many laws to safeguard the financial industry the development, has established the perfect bank supervising and managing legal regime, like in 1913 "Federation Reserve Law", "in 1933 Banking law", in 1933 "Glass - Stieg You Law", in 1999 "Financial Service Modern Reduction" and so on.Since 1990s, the financial holding company took mixes industry the management organization carrier, becomes the world financial industry the tidal current. The financial holding company through sets up the subsidiary company the form management many kinds of finance service. Regarding the financial holding company this kind of umbrella shape structure, the supervising and managing authority has designed one kind"the umbrella type"the supervising and managing system, unites Chu to entrust with the parasol supervising and managing function, becomes the financial holding company basic supervise and manage, is responsible to the bank or the financial holding company's legal person main body carries on supervising and managing, but in financial holding company's subsidiary company then still roughly continued to use the minute industry supervising and managing pattern. This kind"umbrella type"supervising and managing frame, both has manifested the supervising and managing competition, and reflects between the supervising and managing organization the close cooperation. The supervising and managing department the reason that adopts"the umbrella type"the supervising and managing system, is considered based on below: (1) puts in the financial holding company FRS to unify under the supervising and managing frame to guard against the system risk; (2) maintains the bank subsidiary company and the bank system stable achievement finance holding company umbrella type supervising and managing objective; In (3) use history forms the supervising and managing division of labor, unifies the umbrella-type supervising and managing unification supervising and managing frame and function supervising and managing, both guarantees the bank and the depository institution steady operation, and promotion negotiable securities insurance class innovation. The Federal Reserve adopts the different form and the frequency scene inspection to the different scale financial holding company with non-scene supervising and managing, and concentrates with emphasis supervising and managing in the profit high, on the market share big ultra-large type finance holding company. The Federal Reserve develops and utilizes the new appraisal tool in umbrella-type supervising and managing, like RFI/C(D) supervising and managing rating system, takes non-scene supervising and managing the method and the scene inspection basis. In addition, the Federal Reserve also carries on the coordination with other supervising and managing department, avoids duplicating supervises and manages, or supervising and managing flaw.The American umbrella type supervising and managing frame since has implemented has also faced a series of challenges, including: (1) American Finance Holding company supervising and managing pattern coordinated conformity ability faces challenge: Under the financial globalization big background, the comprehensive big bank service develops to diverse and the transnational trans-region's direction, but FRS, how SEC and OTS carries on the communication on respective supervising and managing holding company, and supervises and manages the organization cooperation with beyond the border, the guard entire finance system risk, becomes difficult problem which American financial industry supervising and managing faces; (2) American umbrella type supervising and managing structure and "Financial Service Modern Reduction" faces challenge: As a result of the current legal special exception, the industrial loan company's parent company was not considered is the bank holding company, but not "Bank Holding company Bill" the restriction, may carry on the trade and the banking industry mixes industry the management. Therefore, has had the supervising and managing scotoma, proposed the great challenge for the present supervising and managing pattern and the supervising and managing legislation.The Chinese finance supervising and managing system was still imperfect, has following problem: (1) correlation legal framework is imperfect, laws and regulations construction lag; (2) lacks the effective supervising and managing coordinated mechanism; (3) supervising and managing content and the scope too are narrow; (4) supervising and managing way and method existence flaw; (5) supervises and manages the talented person quality pending enhancement. Through to US's financial supervising and managing system research, may have the following enlightenment to China's financial supervising and managing: (1) supervise and manage who is clear about the unification for the financial holding company; (2) in the centralization and the decentralization, stable and between the innovation, the reform and the inheritance obtains the balance; (3) establishment has the Chinese characteristic financial holding company umbrella type supervising and managing system, displays the market disposition resources gradually the superiority; (4) is clear about the financial holding company from the law and the laws and regulations the nature and the legal status; (5) raises the high quality the finance to supervise and manage the talented person in reality. 11 143133111133393822327222321625223 4 3 112注675034902321810 7 9865674 5092 3 14 8释张张张张金选张张张康康康凌黎凌凌张张胡凌张凌凌黎凌黎陈凌康凌康康凌康张张张康凌康荔荔荔融荔荔荔荔择书书书涛四涛涛荔英涛荔荔涛涛四涛炜四涛书书书涛涛荔书荔书荔涛书,,,体,,,,性生生生,,奇,,,之,,,,奇《,'奇《,生《生生,,生,,,生《,《《生《系条《《《《《《,,,张,张张,张张,张发张,,发张,,,发张张发,,张发发发,的款《《《《发发《发《《《《《《发发《发《《红红红红红红达红达红达红红达红达达达负,银银银金达证达达金美金银银银达达达银银银梅梅梅梅梅梅国梅国梅梅国梅国梅国国国外是行行行融国券国国融国融行行行国行国行国行,,,,,,家,家,,家,家,家家家部指监监监《《企《《家市家家《《企《金企《《监监监《家家家监监《监金金金金金金金效银管管管美美业美美金金场金美美业美融业美美管管管美金管管金金美管融融融融融融融应行制制制国国集国国的融融融国国集国集改国国制制制国融制融融制国制监监监监监监监主与度度度金金团金金法监监监金金团金革团金金度度度金监监度监度金度管管管管管管管要客比比比融融法融融管律管管融融法融法法融融比比比融管比比管管融比比比比比比比比是户较较较控控律控控比监比比控控律控律评控控较较较控较比较比比控较较较较较较较较指之与与与股股监股股较较管较股股监股价监股股与与与股较与较与较股与研研研研研研研储间趋趋趋公公管公公研研研》公公管公》管公公趋趋趋公趋趋研研研公趋究究究究究究究,,蓄的势势势司司的司司究究究司司研司研司司势势势司势究究究势司势《》》》》》》》中者合研研研伞伞研伞伞》》》伞,伞究伞,究伞,伞研研研伞,》研》研》伞,,,研金,,,国,,,,同究究究形形究形形形第形》形第》形第形究究究形第究究形总第总究融第第第法,,第第第融中》》》监监》监监监五监监一监一监》》》监一》》监序序一》法,,,,五五五制武武,,,,,五五五,资附管管管管管章管管章管章管管章管第第章苑第第第武章章章出汉汉第第第第第章章章第者带实实实实实第实实第实第实实第实第》17六六六汉第第第版大大六六六六六第第第六0'有践践践践践践践践践践践页213223章章章大社学学章章章章章页章0 1114311111金银对对对对对对对对对对对,页0 4440444第第第学出页出页第第第页第第第,01 012556融行中中中中中中中中中中中,中页9年出版,版, ,中页页页页页页1111111119中可国国国国国国国国国国国中国,3334443439第版社中社中中国,,,,,,78721.838介以的的的的的的的的的的的金国中年———3—社,国,国国金页页中中中页中中中页2机用启启启启启启启启启启启金融国版页1111期,22金金金融,,国国国,国国国,3443构较示示示示示示示示示示示融出0金0,,8。3292融融融出中中金金金00中金金金中在高'''''''''''出版0融第55中页页页页出出出版国国0融融融国融融融国年年金的借借借借借借借借借借借社版出5国,,,,5版版版社金金出出出金出出出金年0融存鉴鉴鉴鉴鉴鉴鉴鉴鉴鉴鉴社,版77金中中中中社社社,融融版版版融版版版融页版月月交款》》》》》》》》》》》2,社融国国国国,,,,,,,,,,,,,,02出出社社社出社社社出。,第第易收2《《《《《《,《《《《《00出金金金金2220版版,,,版,,,03版第中益金金金金金金2金0金0金金0金0 11版3融融融融年社社2220000222社3社版版年对率融融融融融融融融融融融8000033社3000出出出出年版,,,, 80003000,,年年年版其换研研研研研研研研研研研,版,333333版版版版。年2222第第版版版。年年年年年年他取究究究究究究究究究究究00200社8社社社。版000009。。。版版版版版版个客》》》》》》》》》》》3455,05,,5,。页90 5年年。。。年年。。。人户22222222222 2222页页。年000000000000000版版版版或一000000000000000。。版777777777775555。。。。组定年年年年年年年年年年年。年年年年织时第第第第第第第第第第第版版版版所期。。。。22222222222产内期期期期期期期期期期期生不。。。。。。。。。。。的从直银接行的提,款无的法权确利定。的交易成本。... |
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