Research On "Repeated Punishment And Repeated Offense" Of Administrative Punishment In Banking Of Province A

Banking,as a cyclical and highly regulated industry,the operation and risk status of it is closely related to the macro-economy,monetary policy,financial supervision and other industrial environmental factors.In the past decade,in terms of downturn of macroeconomic,prudent monetary policy,banking supervision tends to be more stringent from 2017 to now.CBRIC issued a record amount of fines.The banking system is inherently vulnerable.If banks are allowed to operate illegally,they would tend to be unfair and inefficient and affect financial stability and ultimately damaging the public interest.Therefore,it is significant that strengthening the supervision of the banking industry,safeguarding public interests and financial order through administrative law enforcement,and protecting the legitimate rights and interests of citizens,legal persons or other organizations.Administrative penalty is one of the most intimidating supervision tools of regulatory authorities.Many statistical studies by region and institution have been made by using the penalty information published by CBRIC.This paper focused on the administrative punishment of the banking in province A,and found that the phenomenon of "repeated punishment and repeated offense" is common."Repeated punishment for repeated offense" is a manifestation of government regulation failure.This article featured province A of the banking "repeatedly fined and made" phenomenon,by using database from the National Bureau of Statistics and CBRIC "Internet + government affairs" of the administrative punishment.This paper summarized the characteristics of "repeatedly fined and made" cases through the methods of data analysis,case analysis.Smith policy execution model was applied as a framework to analysis the cause of "repeatedly fined recidivism".Through the analysis,this paper tried to put forward some effective countermeasures and suggestions to solve the problem of "repeated punishment and repeated offense",providing decision-making ideas for improving the efficiency of administrative punishment in the banking regulation.Further more,hopefully it could enhance the effectiveness of supervision while saving supervision resources.The results show that "repeated punishment and repeated offense" is common in banking industry.However,the proportion of repeated punishment is different among different types of institutions."Repeated punishment for repeated offenses" cases significantly increase the punishment for institutions,but extremely decrease the punishment for individuals.The implementation of "double punishment" has been weakened.There are great differences in the exercise of discretion of "repeated punishment for repeated offense".According to the fraud triangle theory,this paper analyzed the causes of the phenomenon of "repeated punishment and repeated crime" one by one,and put forward that the supervision of bank assessment should be strengthened to reduce the motivation.In terms of reducing opportunities of fraud,we should urge institutions to establish and improve the internal control management system,increase the supply of law enforcement basis and a series of optimized supervision measures;Reduce self-rationalization in the construction of shameful violations,glorious compliance industry culture.In order to improve the efficiency of banking law enforcement and safeguard the interests of depositors better.