立足强化穿透式监管将产生六方面正向金融效应

Core Viewpoint - The draft amendment to the Banking Supervision and Administration Law emphasizes enhanced regulatory measures, particularly through a "penetrating supervision" approach, which extends oversight to major shareholders and actual controllers of banking institutions, aiming to prevent illegal activities and protect consumer rights. Group 1: Strengthening Penetrating Supervision - The draft expands the regulatory scope from banking institutions to key individuals such as major shareholders and actual controllers, establishing clear entry standards and obligations to prevent illegal related-party transactions and capital withdrawal [1] - This approach aims to fill regulatory gaps, ensuring all market participants comply with laws, and enhances the overall comprehensiveness of supervision by identifying hidden risks [1] Group 2: Enhancing Risk Identification and Management - The draft improves the risk identification and management capabilities of regulatory bodies by requiring banking institutions and their affiliates to disclose relevant information and clarify ownership structures [2] - This enables earlier detection of risks and clearer understanding of fund flows, thereby preventing the spread of hidden risks [2] Group 3: Improving Corporate Governance and Market Order - The draft links shareholder obligations to legal responsibilities, prohibiting the abuse of control and related-party transactions, which helps maintain stability in the financial system [3] - It also aims to combat insider trading and market manipulation, promoting fairness and integrity in the financial market [3] Group 4: Increasing Penalties and Deterrence - The draft significantly raises penalties for violations, establishing a principle of "confiscation of illegal gains" alongside fines, which shifts the deterrent effect to ensure compliance among banking institutions [4] - This change encourages a culture of legal compliance as a fundamental aspect of survival and development in the banking sector [4] Group 5: Protecting Financial Consumer Rights - The draft mandates comprehensive disclosure of financial product information, reducing information asymmetry and allowing consumers to make informed decisions [5] - It aims to enhance the market reputation of banking institutions by ensuring consumer rights are protected against misleading practices [5] Group 6: Addressing Regulatory Shortcomings - The draft integrates institutional, behavioral, and functional supervision to enhance the overall effectiveness of financial regulation [6] - It aims to unify various financial activities under a standardized regulatory framework, improving the precision and effectiveness of supervision [6]