我国地下炒金炒汇的法律规制

我国地下炒金炒汇屡禁不止的原因之一是法律规制手段乏力,主要表现在立法不完善、对国（境）外公司的市场准入审查不严、监管不给力等。其中,无人监管、多头监管和不服监管是监管中存在的重大问题。为了有效规制我国的地下炒金炒汇行为,必须坚持疏堵并举的原则,以完善立法为基础,改善监管为关键,探索合并监管、并表监管、分类监管等模式,同时,借鉴国外先进的法律制度。

The Legal Regulation on the Underground Speculating in Foreign Currency and Gold in China

One of reasons why the underground speculating in foreign currency and gold has not been completely prohibited is that the legal regulation is weak.It mainly displays that the legislation is not perfect,and that the examination on the foreign(outbound) company’s market access is not rigorous,and that the supervision is not restrict,and etc.No supervision,multi-supervision and noncompliance supervision are the major problems among them.In order to effectively regulate China’s speculating in foreign currency and gold,we must persist in the principle of prohibiting and piloting simultaneously,base on the legislation-perfecting,take the supervision-improving as the key,and explore such models as the merger supervision,consolidated supervision,and classified supervision,and at the same time,learn from foreign advanced legal system.