我国金融监管制度供给过剩的法经济学分析

中国金融监管存在显著的制度供给过剩。金融监管制度供给过剩会增加交易成本,不符合效率原则。从法经济学的角度分析,中国金融监管制度供给过剩的原因在于金融监管供给与需求不匹配、权力监管模式下监管机关的粗放型制度供给以及金融监管的行政化。改变金融监管制度供给过剩的状况,应当引入金融监管的成本收益理念和问责机制,将金融监管由权力监管向市场化监管转变,并合理处理金融创新与金融监管的关系。

Law and Economics Analysis of the Oversupply of Financial Regulatory System in China

A significant oversupply of financial regulation system exists in China. The oversupply of system increases transaction costs,which is not in conformity with the principle of efficiency. From the perspective of law and economics,the oversupply of system results from the unbalance between supply and demand of financial regulation,extensive system supply under the authority regulation mode,as well as excessive intervention for the financial market and administrative regulation. To change the present situation of the oversupply,the cost-benefit concept of financial regulation and the accountability mechanism should be introduced to shift the financial regulation from authority supervision to market supervision. Additionally,the relationship between the financial innovation and financial regulation should be reasonably handled.