The Tesearch On Question Of Administrative Punishment Of China’s Financial Regulatory Agency

Financial supervision administrative punishment is a Law enforcement methods often used by Financial regulators, it is plays an important role in the maintenance of financial market order, ensuring the effective implementation of the laws regulations and protecting the legal rights and interests of investors. At present, the current trend of financial globalization continues to strengthen, the domestic financial reform deepening, financial regulation object is numerous, and county, where the brown throughout the provinces and cities that local agency empowered to exercise more can reflect the effect of financial regulation punishment. The financial regulators the provisions of the administrative punishment is mainly embodied in the "Regulations of the people’s Bank of China procedure of administrative punishment", The "measures Chinese Banking Regulatory Commission on administrative punishment","Procedural provisions on administrative punishment China Insurance Regulatory Commission"and other legal norms, they state offices of the financial regulation punishment scope and procedures. But local agency in financial supervision in our country the study of the theory of the administrative punishment is still inadequate, in the legislation, the legislative defects existing in Chinese financial regulation to administrative punishment, the dispatched office of fuzzy, nature and source of overall operation mechanism is insufficient. Practice, local agency is facing independence is difficult to guarantee the exercise of rectification, lack of coordination, without effective supervision, local agency regulators legal quality is no guarantee that the reality of the obstacles. All these led to the financial regulatory local agency administrative punishment is difficult to play its due effect.In this paper, firstly clear financial regulatory agency and the nature of the concept of administrative penalties and characteristics, thereby obtaining financial regulatory agency of the need to exercise the right to an administrative penalty conclusion. In the analysis of the current dispatched constitute punishment in the exercise of legislative and practical obstacles put forward to improve supervision of financial institutions sent the administrative punishment of the measures that make up the agency authorized punishment flaws in legislation, and the rational design of the agency’s penalty system, but also by strengthening the independence of the agency, coordination among agencies and organizations, to strengthen the agency administrative punishment law enforcement supervision, improve the quality and other aspects of the agency’s supervisory personnel, improve the regulatory agency administrative penalty in the process of implementing powers the exercise of rights.