| In the advancement of information technology, it is diversifying our financial services and products, with the global financial sector boundary gradually fade, the mixed operation of the bank has obvious advantages.China Banking Regulatory Commission in 2005 after the gradual expansion of commercial banks to set up a pilot fund management company. 5 big state-owned commercial bank and SPD bank, and other shares of banks and city banks, such as Bank of Beijing, Nanjing bank,Bank of Shanghai and other are success set up he fund management company. Another bank as an example, its scope of business had been covering the commercial banks, offshore banking, fund, insurance and other multiple realms, wholly owned subsidiaries include pay silver insurance, BOCOM financial leasing, BOCOM International Trust,BOCOM Trust, BOCOM CMG Life Insurance and other subsidiaries, and in 2015 become first broker age license bank. Today, China’s commercial banks mix-ed operation has the form of a trend which cannot be halted.Accompanying financial diversification is the result of commercial banks to adapt to the changes of the business environment in the interest driven and decentralized risk. But, mixed operation of commercial banks will bring more and more complex risks, and difficult to control and supervise. Separate supervision in China’s current financial industry is Separation supervision system, the regulatory means, regulatory agencies,regulatory philosophy, it is not to meet the needs of modern banking mixed operation. The development trend of mixed operation of banking in our country is a kind of internal need for the improvement of thesupervision system, it is macro prudential supervision system. The Fifth Plenary Session of the 17 th CPC Central Committee has been proposed to build a “reverse cycle macroeconomic prudent management system framework”. At the same time, the CBRC according to the New Basel agreement to carry out the some prevention of mixed operation of commercial bank system risk of the work. Therefore, the use of legal protection to improve the existing macro prudential supervision is an urgent problem to be solved.Macro prudential supervision and micro prudential supervision are very different, such as the object of supervision, supervision and risk characteristics, but the two are the product of the development of the financial industry to different stages of regulatory requirements. Micro prudential supervision is from the top of the regulatory model, focus on the steady operation of a single financial institutions, and the macro prudential supervision is from top to bottom of the regulatory model,focusing on the entire financial system, the steady operation. Changes in the financial environment of mixed banking operations and financial innovation, it should strengthen the macro Prudential supervision. By analyzing and comparing the experience of foreign macro prudential supervision reform, this paper draws a revelation of the macro prudential supervision mechanism of mixed operation in our country. Combined with the actual situation in our country and learn from experience outside the macro prudential supervision and suggestions on the construction of macro prudential supervision legal system to prevent mixed management of the commercial bank system risk, which requires the establishment of China’s Financial Stability Oversight Council。At the same time, it also needs to improve the system of mutual checks and balances, information disclosure, supervision and accountability. Deposit insurance system become the a market exit mechanism, which belongs to the macro prudential regulation system, so macro prudential regulation entity to incorporate the main body of the deposit insurance fund management, also need to improve and correct the early risk of deposit insurance system, also should perfect the legal protection system of consumer finance. |
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