| In recent years, with the sustainable growth of per capita income of residents, people’s financial management self – awareness are gradually strengthen, even if it is urban dweller with lower income, because of the influence by financial market environment, they also have the keen interest for investment. Traditional asset value approach which through the form of saving money in the bank in order to get interest has been shaken, the proportion of deposits are gradually decrease. A large part of capital are diverted to the investment banking market, the premonition of resident’s transformation of wealth structure is quite obvious.However, at the present stage the financial market’s order is so disordered, in the supervision level, the mixed operation management of financing product and separate supervision itself are quite like a fish out of water. And at the same time, it also existing so many problems that impede the effective administration. Therefore, the author taking the typical problems in the current financial products as point of penetration, making in-depth analysis, and combined with the developed countries regulation experience, and trying to find the effective administration solutions for Bank financial products in China.The article had divided into three parts: introduction, straight matter and peroration, the straight matter is mainly divided into four parts.The first part had made an analysis for the necessity of commercial bank financial products’ implementation of supervision; first of all, the author had made a development overview for the bank financial products and also expounds various kinds of risks in it. Then from the view of the current regulatory framework of financial products, the author analyzed the limitations in the current financial products regulation, and at last making the discussion for the legitimacy of the regulation of financial products, the above content is the necessity of the foundation of the implementation of the supervision of financial products.The second part takes in depth discussion about the typical problems in banking regulation of financial products of our country. In the supervision pattern, it analyses the Realistic pattern that Current separate supervision system is unable to adapt to the financial products mixed cross operation. Institutional regime will sure to cause the duplication of regulation and regulatory vacuum. In the regulatory philosophy, it raised the regulatory philosophy of former bank as standard and based on capital control as the core; all these are lack of the protection of the investors. On the problem of the legal nature of financial products, it had been greatly argued. Because of different primary relationships will cause different regulatory standards, the author takes the review and summary for the main arguments focus in the part. And the author also put forward that the legal relationship of trust is the best location for the legal nature of financial products. At last in the supporting mechanism of supervision, it raised industry self-regulatory mechanism and dispute settlement mechanism.The third part mainly takes Britain and the United States as subject investigated which financial supervision systems are relatively perfect. And it taking study the financial supervision mode between the two countries and it also doing research in financial services regulation characteristics. And then summarize the effective supervision mode in the two countries and find the Thoughts on supervision and regulation mechanism that fit for our country, the last of the article provided some lesson experiences for the financial services regulatory idea in our country.The fourth part is based on the above and gives some specific recommendations for bank financial products in our country. In the Supervision mode, it put forward that introducing functional supervision to make up the defect in separate supervision. It can achieve the prudential supervision of cross industry, and guarantee the regulatory resources reasonably and effective configuration.so it can attain the regulatory information sharing and reduce the supervision cost as well as the cost of compliance manager. In the regulatory philosophy, it raised existing bank capital as the core of the regulatory philosophy is lack of the protection of investor. Though the aiming of the supervision is to maintenance keep the market steady. However the financing products’ radiant surface is quite too large, and the involved capital is also very enormous, the position between Banks and investors is imparity, if Regulation just only blindly take the bank as the standard, it will surely cause the imbalance of financial market, therefore, Balance of different supervision becomes more and more important. Secondly, under the circumstances of the legal nature of financial products unclearly, it put forward the solution of classification regulation, for different types of financial products takes different emphasis on regulation. At last, in order to improve the supporting system of Anglo American countries, and pay attention to the construction of the self-regulatory organization, and In the dispute settlement mechanism, it introduced alternative dispute resolution mechanism, and provided new angle of view for the supervision of the bank’s financial products. |
