我國(guó)私人銀行業(yè)務(wù)開展的法律障礙及制度完善
發(fā)布時(shí)間：2019-06-19 05:24
【摘要】：2007年是“中國(guó)私人銀行元年”,私人銀行業(yè)務(wù)這一在國(guó)外已運(yùn)作了數(shù)百年的舶來品,近幾年在中國(guó)也已獲得了長(zhǎng)足的發(fā)展,但也面臨著質(zhì)疑與考驗(yàn)。簡(jiǎn)言之,私人銀行業(yè)務(wù)就是為高資產(chǎn)凈值人士個(gè)人或其家庭開辦的高端財(cái)富管理業(yè)務(wù),以工商銀行為例,其業(yè)務(wù)范圍主要包括資產(chǎn)管理服務(wù)、財(cái)務(wù)管理服務(wù)、顧問咨詢服務(wù)以及教育醫(yī)療等增值服務(wù),具有私密性、專屬性、專業(yè)性等特點(diǎn),另外,私人銀行機(jī)構(gòu)都非常重視與客戶關(guān)系的建立與維護(hù)。由于開展私人銀行業(yè)務(wù)需要非常強(qiáng)的經(jīng)營(yíng)實(shí)力和人才儲(chǔ)備,除了外資銀行外,目前我國(guó)開展私人銀行業(yè)務(wù)的主要是一些大型商業(yè)銀行,據(jù)銀行聯(lián)合信息網(wǎng)2012年發(fā)布的報(bào)告顯示,已經(jīng)有18家中資銀行成立了私人銀行部門,中資銀行在國(guó)內(nèi)成立的私人銀行服務(wù)中心或分部共計(jì)217家。由于私人銀行業(yè)務(wù)本身承載著金融創(chuàng)新的試驗(yàn)性通道功能,為了更好地推進(jìn)我國(guó)金融體制改革,鼓勵(lì)和支持私人銀行業(yè)務(wù)的發(fā)展,私人銀行業(yè)務(wù)監(jiān)管部門目前主要采取“規(guī)范與鼓勵(lì)并重,培育與完善并舉”的基本政策,目前對(duì)于私人銀行業(yè)務(wù),并沒有非常明確的相關(guān)法律制度和監(jiān)管規(guī)章,主要參照針對(duì)大眾理財(cái)?shù)南嚓P(guān)監(jiān)管指引,而且我國(guó)金融體制中的諸多弊端也不利于私人銀行業(yè)的前行。正是由于強(qiáng)烈的私人銀行業(yè)務(wù)發(fā)展需要與現(xiàn)行法律及相關(guān)制度的矛盾,促使筆者從法律角度來思考這方面的問題,這也是本論文的研究意義所在。 本篇論文主體結(jié)構(gòu)共劃分為四章,主要包括以下內(nèi)容： 第一章先從私人銀行業(yè)務(wù)的概述入手,介紹了私人銀行業(yè)務(wù)的含義、特點(diǎn)、發(fā)展歷史及在我國(guó)的現(xiàn)狀、所提供的產(chǎn)品和服務(wù)；接著著重闡述了我國(guó)私人銀行機(jī)構(gòu)與客戶之間關(guān)系的界定；最后對(duì)我國(guó)私人銀行業(yè)務(wù)開展所面臨的風(fēng)險(xiǎn)及相應(yīng)的風(fēng)險(xiǎn)管理體系作了介紹。 第二章分析了我國(guó)私人銀行發(fā)展面臨的一些法律障礙及對(duì)其發(fā)展不利的制度因素,詳細(xì)闡述了我國(guó)當(dāng)前針對(duì)私人銀行業(yè)務(wù)相關(guān)法律規(guī)制與違約糾紛解決機(jī)制的缺失以及分業(yè)經(jīng)營(yíng)體制、反洗錢制度、信息保密制度、個(gè)人信用制度、信息披露制度等法律及制度問題的現(xiàn)狀及對(duì)我國(guó)私人銀行業(yè)務(wù)開展的負(fù)面影響,是本篇論文的核心部分之一。 第三章主要介紹了瑞士、美國(guó)以及新加坡有關(guān)私人銀行業(yè)務(wù)法律規(guī)制方面的經(jīng)驗(yàn),主要介紹了瑞士關(guān)于私人銀行業(yè)務(wù)保密和反洗錢方面的法律制度及對(duì)我國(guó)的啟示；美國(guó)的經(jīng)驗(yàn)方面則介紹了美國(guó)現(xiàn)行的金融監(jiān)管體制、關(guān)于私人銀行業(yè)務(wù)的法律規(guī)范、信息披露制度以及個(gè)人信用制度；對(duì)新加坡的金融監(jiān)管體制及信息披露制度也作了相關(guān)介紹。 第四章也是本篇論文的核心部分之一,主要針對(duì)第二章所提出的相關(guān)問題,通過對(duì)我國(guó)當(dāng)前私人銀行業(yè)務(wù)的運(yùn)作分析,提出相應(yīng)的法律及制度完善建議。針對(duì)我國(guó)現(xiàn)行分業(yè)經(jīng)營(yíng)、分業(yè)監(jiān)管的金融體制,通過與世界主要金融強(qiáng)國(guó)及世界金融監(jiān)管潮流的比較分析,提出我國(guó)的金融監(jiān)管體制改革的建議措施：針對(duì)當(dāng)前私人銀行業(yè)務(wù)法律規(guī)制的缺失,提出建立私人銀行業(yè)務(wù)市場(chǎng)準(zhǔn)入制度及相關(guān)業(yè)務(wù)指引等監(jiān)管制度的建議；針對(duì)反洗錢制度、客戶信息保密制度、個(gè)人信用制度及信息披露制度等阻礙私人銀行業(yè)務(wù)開展的不利制度因素,通過對(duì)私人銀行業(yè)務(wù)的運(yùn)作分析提出了相關(guān)的完善建議與措施；最后,從保障私人銀行客戶的合法權(quán)益,促進(jìn)我國(guó)私人銀行業(yè)務(wù)的規(guī)范合規(guī)運(yùn)營(yíng)的角度出發(fā),提出了在對(duì)私人銀行業(yè)務(wù)的監(jiān)管中引入外部審計(jì)制度以及建立私人銀行業(yè)務(wù)法律糾紛解決機(jī)制兩項(xiàng)建議。 本篇論文是筆者在瀏覽閱讀大量有關(guān)私人銀行業(yè)務(wù)的相關(guān)資料,在深入了解研究我國(guó)當(dāng)前的金融法律法規(guī)及相關(guān)制度,并結(jié)合最新的經(jīng)濟(jì)金融前沿動(dòng)態(tài)及法律法規(guī)的變動(dòng)的基礎(chǔ)上完成的。不過正所謂“學(xué)詩(shī)功夫貴在詩(shī)外”,作為一個(gè)外行人,對(duì)于這—一般金融從業(yè)人員難以接觸甚至不甚了解的業(yè)務(wù),以及由于當(dāng)前對(duì)私人銀行業(yè)務(wù)所涉及法律及制度問題當(dāng)前研究甚少等因素,筆者真可謂是心有余而力不足,比如,針對(duì)信托、外匯、稅收等問題本篇論文就未涉及,這也是本文的一大不足之處。但是,筆者本人還是竭盡全力,通過自己的深入研究學(xué)習(xí),對(duì)私人銀行業(yè)務(wù)開展所遇到的法律障礙及相關(guān)制度問題作了一些分析,并借鑒國(guó)外對(duì)私人銀行業(yè)務(wù)規(guī)制的相關(guān)經(jīng)驗(yàn),對(duì)如何解決這些障礙問題提出了相應(yīng)的制度完善建議,希望有益于我國(guó)私人銀行業(yè)務(wù)的法治化進(jìn)程,從而促進(jìn)這一業(yè)務(wù)的合規(guī)運(yùn)營(yíng)及長(zhǎng)遠(yuǎn)發(fā)展。
[Abstract]:In 2007, the "China Private Bank" and private banking business has been working abroad for hundreds of years, and in recent years has made great development in China, but also faces the challenge and test. In short, private banking is a high-end wealth management business for individuals of high-asset-value people or their families, taking ICBC as an example. Its business scope mainly includes asset management services, financial management services, advisory services for consultants and value-added services such as education and medical care. In addition, private banking institutions attach great importance to the establishment and maintenance of the customer relationship. Since the private banking business needs to be very strong in the management strength and the talent reserve, in addition to the foreign banks, at present, the private banking in our country is mainly a large commercial bank, according to the report issued by the joint information network of the bank in 2012, A private banking sector has been set up in 18 Chinese banks, with a total of 217 private banking services or divisions set up in China. Since the private banking itself carries the pilot channel function of financial innovation, in order to promote the reform of the financial system of our country, and to encourage and support the development of private banking, the private banking supervision department is mainly adopting the basic policy of the "Standardize and encourage and give equal attention to, cultivate and perfect simultaneously". At present, for the private banking, there is no clear relevant legal system and regulation, mainly referring to the relevant regulatory guidance for the public finance, and the many malpractices in the financial system of our country are not conducive to the advance of the private banking industry. It is because of the contradiction between the strong private banking development and the existing law and the related system, and the author to think about the problem from the legal point of view, which is also the research significance of this thesis. The main structure of this thesis is divided into four chapters, mainly including the following The first chapter starts with the summary of the private banking, introduces the meaning, characteristics, development history of the private banking and the present situation in our country, and the products provided. Then the definition of the relationship between the private banking institution and the customer is emphasized, and the risk and the corresponding risk management system of the private banking in our country are given. The second chapter analyses some legal obstacles to the development of private banking in our country and the institutional factors that are disadvantageous to the development of the private banking, and expounds in detail the existing problems of the legal regulation and the dispute settlement mechanism of the private banking and the system of separation and operation. The present situation of the anti-money laundering system, the information security system, the personal credit system and the information disclosure system and the negative effect on the private banking of our country are the core of this paper. The third chapter mainly introduces the experience of the legal regulation of private banking in Switzerland, the United States and Singapore, and mainly introduces the legal system of the private banking secrecy and anti-money laundering in Switzerland. The American experience has introduced the current financial supervision system of the United States, the legal norm of private banking, the information disclosure system and the individual credit system, and the financial supervision system and the information disclosure system in Singapore. The fourth chapter is also one of the core parts of this thesis, mainly for the related issues raised in the second chapter, and by analyzing the operation of the present private banking business in our country, this paper puts forward the corresponding problems. On the basis of the comparative analysis of the main financial power of the world and the world financial regulation, the paper puts forward the suggestions for the reform of the financial supervision system of our country through the comparative analysis with the world's major financial power and the world financial supervision trend. The lack of the legal regulation of the business and the suggestion of the establishment of the system of private banking market access and the relevant business guidelines are put forward. In the light of the anti-money laundering system, the customer information security system, the personal credit system and the information disclosure system, the private banking business is hindered The negative system factors, through the analysis of the operation of the private banking, put forward the relevant improvement suggestions and measures; and finally, from the guarantee of the legitimate rights and interests of the clients of the private bank, and to promote the regulation of the private banking of our country From the point of view of compliance operation, the author puts forward the introduction of external audit system in the regulation of private banking and the establishment of the law of private banking. In this paper, the author makes a thorough understanding of the current financial laws and regulations and related systems in our country, and combines the latest economic and financial frontier dynamic and legal method. On the basis of the change of the rules, the so-called "Shi Fu-fu is in the outer part of the poem", as an external pedestrian, is difficult to contact and even know the business of the general financial staff, and the author of the current research on the law and the system of the private banking business is very little, the author It's a good thing to do, for example, for trust, foreign exchange, tax, etc., this paper is not involved. However, the author also makes every effort to make some analysis on the legal obstacles and the related system problems in the private banking through the study of our own research, and draw on the foreign interest to the private bank. The relevant experience of banking regulation has put forward corresponding system and suggestions on how to solve these obstacles, and it is hoped to be beneficial to the legal process of private banking in our country, so as to promote this industry.
【學(xué)位授予單位】：東北財(cái)經(jīng)大學(xué)
【學(xué)位級(jí)別】：碩士
【學(xué)位授予年份】：2013
【分類號(hào)】：D922.281
本文編號(hào)：2502125
[Abstract]:In 2007, the "China Private Bank" and private banking business has been working abroad for hundreds of years, and in recent years has made great development in China, but also faces the challenge and test. In short, private banking is a high-end wealth management business for individuals of high-asset-value people or their families, taking ICBC as an example. Its business scope mainly includes asset management services, financial management services, advisory services for consultants and value-added services such as education and medical care. In addition, private banking institutions attach great importance to the establishment and maintenance of the customer relationship. Since the private banking business needs to be very strong in the management strength and the talent reserve, in addition to the foreign banks, at present, the private banking in our country is mainly a large commercial bank, according to the report issued by the joint information network of the bank in 2012, A private banking sector has been set up in 18 Chinese banks, with a total of 217 private banking services or divisions set up in China. Since the private banking itself carries the pilot channel function of financial innovation, in order to promote the reform of the financial system of our country, and to encourage and support the development of private banking, the private banking supervision department is mainly adopting the basic policy of the "Standardize and encourage and give equal attention to, cultivate and perfect simultaneously". At present, for the private banking, there is no clear relevant legal system and regulation, mainly referring to the relevant regulatory guidance for the public finance, and the many malpractices in the financial system of our country are not conducive to the advance of the private banking industry. It is because of the contradiction between the strong private banking development and the existing law and the related system, and the author to think about the problem from the legal point of view, which is also the research significance of this thesis. The main structure of this thesis is divided into four chapters, mainly including the following The first chapter starts with the summary of the private banking, introduces the meaning, characteristics, development history of the private banking and the present situation in our country, and the products provided. Then the definition of the relationship between the private banking institution and the customer is emphasized, and the risk and the corresponding risk management system of the private banking in our country are given. The second chapter analyses some legal obstacles to the development of private banking in our country and the institutional factors that are disadvantageous to the development of the private banking, and expounds in detail the existing problems of the legal regulation and the dispute settlement mechanism of the private banking and the system of separation and operation. The present situation of the anti-money laundering system, the information security system, the personal credit system and the information disclosure system and the negative effect on the private banking of our country are the core of this paper. The third chapter mainly introduces the experience of the legal regulation of private banking in Switzerland, the United States and Singapore, and mainly introduces the legal system of the private banking secrecy and anti-money laundering in Switzerland. The American experience has introduced the current financial supervision system of the United States, the legal norm of private banking, the information disclosure system and the individual credit system, and the financial supervision system and the information disclosure system in Singapore. The fourth chapter is also one of the core parts of this thesis, mainly for the related issues raised in the second chapter, and by analyzing the operation of the present private banking business in our country, this paper puts forward the corresponding problems. On the basis of the comparative analysis of the main financial power of the world and the world financial regulation, the paper puts forward the suggestions for the reform of the financial supervision system of our country through the comparative analysis with the world's major financial power and the world financial supervision trend. The lack of the legal regulation of the business and the suggestion of the establishment of the system of private banking market access and the relevant business guidelines are put forward. In the light of the anti-money laundering system, the customer information security system, the personal credit system and the information disclosure system, the private banking business is hindered The negative system factors, through the analysis of the operation of the private banking, put forward the relevant improvement suggestions and measures; and finally, from the guarantee of the legitimate rights and interests of the clients of the private bank, and to promote the regulation of the private banking of our country From the point of view of compliance operation, the author puts forward the introduction of external audit system in the regulation of private banking and the establishment of the law of private banking. In this paper, the author makes a thorough understanding of the current financial laws and regulations and related systems in our country, and combines the latest economic and financial frontier dynamic and legal method. On the basis of the change of the rules, the so-called "Shi Fu-fu is in the outer part of the poem", as an external pedestrian, is difficult to contact and even know the business of the general financial staff, and the author of the current research on the law and the system of the private banking business is very little, the author It's a good thing to do, for example, for trust, foreign exchange, tax, etc., this paper is not involved. However, the author also makes every effort to make some analysis on the legal obstacles and the related system problems in the private banking through the study of our own research, and draw on the foreign interest to the private bank. The relevant experience of banking regulation has put forward corresponding system and suggestions on how to solve these obstacles, and it is hoped to be beneficial to the legal process of private banking in our country, so as to promote this industry.
【學(xué)位授予單位】：東北財(cái)經(jīng)大學(xué)
【學(xué)位級(jí)別】：碩士
【學(xué)位授予年份】：2013
【分類號(hào)】：D922.281
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