澳门、香港与祖国内地的货币银行法律制度评析（Analysis of the monetary and banking legal system in Macao, Hongkong and the mainland）

澳门、香港与祖国内地的货币银行法律 制度 关于办公室下班关闭电源制度矿山事故隐患举报和奖励制度制度下载人事管理制度doc盘点制度下载 评析（Analysis of the monetary and banking legal system in Macao, Hongkong and the mainland） 澳门、香港与祖国内地的货币银行法律制度评析(Analysis of the monetary and banking legal system in Macao, Hongkong and the mainland) Analysis of the monetary and banking legal system in Macao, Hongkong and the mainland Author: Chen Jianping CLC number: df438.1, document identification code: A, article number: 1007 - 6522 (1999) 05 - 0005 - 05 In July 1997, the world's famous international financial center, Hongkong, returned to the embrace of the motherland, in December 1999, the economic prosperity of Macao will return to the motherland. Both Macao and Hongkong have a highly free market economy, and they have a perfect monetary and banking legal system, which is the guarantee of economic development in both areas. In the process of economic system reform, the mainland also set up a new monetary and banking legal system in the exploration, in accordance with the requirements of the socialist market economy. Macao, Hongkong and the mainland banking legal system to make a comparison, you can see the connection and difference between the two, in the reform of banking system in mainland China is further deepened, some inspiration. I. comparison of the currency issuing system between Macao, Hongkong and the mainland (I) currency issuing system in Macao; Macao does not have its own currency before twentieth Century, currency in circulation is mainly China silver coins, silver coins and some other countries. In September 4, 1905, the Portuguese capital bank of the Atlantic authorized Macao administration, began to issue $; in October 1995, Chinese bank Macao branch also authorized to become Macao area second issuing bank. In accordance with the relevant laws and regulations of the Macao, the issue of the Australian dollar must be equivalent to 100% of the gold and foreign exchange assets as reserve against the Macao monetary and exchange supervision department as the issuance of Australian dollar guarantees and foreign exchange reserves. In addition to the Australian dollar, the currency in circulation in Macao and other Hong Kong dollar, dollar, pound, yen and Mark, of which a large proportion of Hong Kong dollar in circulation, in a large amount of foreign trade settlement, the number is greater than the Australian dollar. In order to ensure Macao's balance of payments and the Australian currency stability, Macao allowed free access to foreign exchange in the premise, but also take certain control measures on the part of foreign exchange, such as the provisions of the foreign trade import foreign currency income should be 50% lower than the income of foreign exchange bank exchange rate the price according to the exchange rate, exchange rate and currency to mandatory foreign exchange supervision department, to ensure that Macao's foreign exchange reserves maintained at a certain level. At the same time, the Australian dollar is directly linked to the Hong Kong dollar policy. (two) the currency issuing system of Hongkong For a long time, the Hongkong Administration granted the currency issue rights to HSBC and Standard Chartered Bank (the bank in 1911 was also authorized to issue currency, but it was withdrawn in 1978). In May 1994, the Bank of China, Hongkong branch, was authorized to become the third bank to issue currency in Hongkong. In accordance with the provisions of the relevant laws of Hongkong, the issue of Hong Kong dollar must have 100% equivalent foreign currency assets as reserves, namely the issuance of HK $HK $7.8 before, must be equal to the ratio of $1, the equivalent of $in the government management of the exchange fund, foreign exchange Fund issued a "debt certificate", shall be issued by the HKD equivalent. Hongkong currently has a huge foreign exchange reserve of $about 90000000000, and in exchange, the Hong Kong dollar has remained relatively stable over the past ten years by implementing the policy of directly linking the Hong Kong dollar to the US dollar, Promoted the rapid development of export-oriented economy in Hongkong. (three) the currency issuing system in the mainland The right to issue money in the mainland is authorized by the state. The central bank, the people's Bank of China, issues a unified monopoly, and no other bank, unit or region has the right to issue money. When issuing money, the people's Bank does not need to pay earnest money, but in accordance with the national economic development and the actual needs of commodity circulation, the currency issuance plan is put forward and submitted to the State Council for approval and implemented. (four) comparison and analysis From Hong Kong and the mainland area about the currency regulations, different: Hong Kong area is authorized several commercial banks to issue currency, and the mainland is delegated to the central bank to issue currency monopoly; commercial banks in Hong Kong currency to pay the equivalent area of foreign assets as collateral, the central bank is in the mainland the national credit guarantee, according to the plan in principle to issue currency. Hong Kong region economic system and market situation of the mainland and have great differences, their currency system is not suitable for the mainland, however, with the development process of China's opening up, the mainland's economic activities have gradually to participate in economic activities in the world to maintain huge foreign exchange reserves, to prevent foreign payment crisis, for maintain the stability of RMB is very necessary, China's current foreign exchange reserves of US $146 billion, according to the 1:8.27 conversion rate of RMB 12074 million yuan, in a sense, 12074 billion yuan in circulation is actually the equivalent foreign exchange guarantee. When the foreign exchange market, the RMB against the U.S. dollar exchange rate volatility is too large, there is likely to endanger the stability of the renminbi, the central bank can use the foreign exchange reserves to intervene, the RMB against the U.S. dollar exchange rate basically stable at about 1:8.27. Therefore, although the issue of money in the mainland of China does not use the method of paying the equivalent foreign exchange guarantee, the practice of maintaining huge foreign exchange reserves actually serves as a national guarantee in the process of issuing money. In the current situation of international financial turmoil, in order to maintain the stability of the RMB currency, China's foreign exchange reserves can only be increased in an appropriate amount, can not be reduced. Two, the comparison of banking system between Macao, Hongkong and the mainland (I) banking system in Macao; Under the thirty-fifth / 82 / M act of August 3, 1982, the credit system and Financial Structure Control Act stipulates that credit institutions refer to institutions that have the right to handle banking and other credit operations, and are divided into two categories: 1. monetary credit institutions refer to credit institutions with the qualifications to create payment instruments, including the currency and exchange supervision department, postal savings institutions, commercial banks, development banks and offshore business banks. Only the currency credit institution can use the bank name. 2. non monetary credit institutions refer to the credit institutions engaged in the trading of money and foreign exchange, trust investment and financial leasing, including various funds, financial companies, leasing companies, companies dealing with securities, etc.. A non monetary credit institution shall not have the name of "bank", otherwise it will be subject to a fine. (two) banking system in Hongkong; Under the existing banking ordinance, banks that accept deposits in Hongkong are divided into three levels, and the government of the Hongkong is governed by their different levels and scope of operation, Manage it: 1. licensed banks. Registered in Hongkong this kind of bank must reach the minimum paid up capital of HK $one hundred and fifty million, it can receive the public for any period of time and the number of various types of deposits, including three months of demand deposits and time deposits business. However, the interest rate for deposits must be limited by the interest rates stipulated in the agreement drawn up by the Hongkong Association of banks. 2. restricted licence banks (formerly referred to as deposit taking company). The minimum paid in capital of this type of bank in Hongkong must be HK $one hundred million, and its operating interest rate is not limited, but it can only accept large deposits of more than HK $one million each. 3. Registered Deposit-taking Companies. Registered in Hongkong the bank minimum paid up capital must be amounted to HK $twenty-five million, the operating rate is not restricted, but can only accept each in the amount of more than HK $one hundred thousand, for a period of three months or more than three months deposit. (three) banking system in the mainland; The mainland banking system formed in 1984, after ten years of continuous reform and improvement, in March 1995 and May, the newly promulgated "People's Republic of China China law" and "the people's Bank of People's Republic of China Commercial Bank Law", the mainland banks made the following provisions: 1. the people's Bank of China is the central bank, formulated and implemented monetary policy under the leadership of the State Council, and implements supervision and administration of the financial industry. It is in a leading position in the banking system of the mainland. 2. commercial banks are the most important financial institutions in the banks of the mainland. The minimum amount of registered capital of the minimum amount of registered capital for setting up a commercial bank is RMB one billion yuan, City cooperative bank was one hundred million yuan, the minimum registered capital of fifty million yuan for rural cooperative bank. According to the law, commercial banks may engage in absorbing deposits from the public, issuing short, medium and long-term loans, handling bills discounting and settlement, issuing financial bonds, and acting as payment for receipts and payments. The specific scope of business of each commercial bank shall be prescribed by its articles of association and shall be subject to approval by the people's Bank of china. The word "bank" shall not be used in the name without approval. 3. non bank financial institutions, including urban credit cooperatives and rural credit cooperatives, may also operate in accordance with the approved scope of business, and handle bank deposits, payment and settlement. (four) comparison and analysis From Hong Kong Macao and the mainland on the banking system's regulations, the main difference is: Hong Kong Macao no central bank, but the currency and the financial industry activities supervision and management functions respectively for commercial banks and specialized regulatory agencies to exercise, according to mainland world orders the establishment of the central bank, the central bank the exercise of these rights; Hong Kong and Macao to protect the interests of depositors, to accept social deposits and a wide range of business banking supervision is very strict, and the mainland legal restrictions on the banking business scope is relatively loose. Obviously, the practice of non central banks in Hong Kong and Macao is not suitable for the mainland. This practice is the product of the specific financial environment in Hong Kong and Macao, and there is very little such a phenomenon in the world now. However, Australia and Hong Kong are strictly restricting the scope of their banking activities, particularly in the banking sector in Hongkong, the three tier system, According to the amount paid in capital to determine the bank's business scope and permission is not allowed, all banks can unconditionally from the absorption period and limit the number of deposits from the public, in order to protect the interests of depositors, worthy of reference. The banking institutions in the mainland of China, large or small, can generally absorb deposits of various maturities and amounts from society and form the phenomenon of "robbing customers and robbing deposits" without any consequences. The current "commercial bank law" stipulates that commercial bank cannot pay the due debts, it is declared bankrupt according to law, in the spring tide of market competition, small banks and credit cooperatives competition ability is relatively weak, once because of mismanagement was declared bankrupt, it will seriously affect the interests of depositors, resulting in social unrest. Therefore, it is of practical significance to improve the banking system and stabilize the financial order by referring to the practice of the three tier system of Bank of Hongkong and making necessary restrictions on the absorption of deposits by small banks. Three, Macao, Hongkong and the mainland bank supervision system comparison The necessary regulatory system is indispensable to ensure that the banking institutions can conduct activities in an orderly manner within the requirements and limits prescribed by law. The regulation of the supervision system is an important content of the banking legal system. (I) banking supervision system in Macao; The 1. government regulation, mainly through the Macao monetary and foreign exchange supervision department to supervise the banking industry in Macao, its authority is: Macao area to participate in the formulation of monetary and financial and other relevant policies and regulations; for approval of the opening and the change of the bank; on the business of a bank check, in addition to the requirements of the bank regularly submit the relevant financial statements statistical data, and can be in advance without notice to the bank, the bank's direct examination of transactions, books, accounts and other records or documents to determine the legality of the bank. 2., industry supervision, mainly through the activities of the Macao Banking Association, members of the business activities of self-restraint. The banking association was established in January 1986, the main purpose is to mediate disputes between members; membership representatives put forward opinions and suggestions to the government of Macao; coordination on issues related to financial policies and measures, formulate rules of members of the banking industry etc.. (two) banking supervision system in Hongkong; 1., government supervision is conducted mainly through the monetary authority under the Finance Department of the Hong Kong government. The Council was established in April 1993 and is supervised mainly by its two institutions: (1) the banking supervision department, it is the direct supervision of banking institutions of the daily business activities, the main functions are: approval and issuance of banking licence; management status review and examination of financial statements and other relevant documents and materials of banks; banks to put forward the advice and measures necessary to send staff to take over the bank or suggestions to the relevant departments to revoke the banking license; supervision of bank funds deposited overseas, if necessary, send out the survey in overseas bank branch. In the implementation of the banking supervision duties require banks to submit a monthly report included detailed balance and every Wednesday at the end of the business day liquidity level, usually also sent the review team to review in Hongkong local registered banks every year. (2) the Monetary Authority Because Hongkong is authorized commercial banks to issue currency, in order to strengthen the supervision on the Hong Kong dollar issuance and circulation, to ensure the stability of the currency, the exchange fund in 1935 according to the "Regulations" set up the exchange fund, can use the fund to intervene in financial markets, in order to maintain $1 more than HK $7.8 dollar to maintain fixed exchange rate system. The stability and public confidence in the Hong Kong dollar. In order to strengthen the management, in April 1, 1993, Hongkong established financial administration, the administration of foreign exchange funds through financial management, can understand the changes in the financial market and the dollar exchange rate of HK $circulation, so as to formulate control measures in a timely manner. 2. industry self-regulation, mainly through the banking industry organization, the Hongkong Association of banks to constraints on banks' behavior, according to the 1980 government formulated "HKAB act", all banks must participate in the association of banks. The main functions of the banking association are to formulate rules of conduct for banking activities and to reflect the wishes of the majority of banks when the bill relates to the interests of the bank. The banking association has an advisory committee which can exercise all the rights of the banking association, but its most important function is to draw up interest rates for the banks to comply with. The main function of the interest rate is to prevent the vicious interest rate war between banks, to stabilize the loan and deposit relationship between customers and banks, and to control the credit scale of banks by raising or lowering the agreement interest rate. (three) banking supervision system in the mainland; According to the "Regulations of the people's Bank of Chinese law" and "commercial bank law", the mainland is mainly by the central bank and the commercial bank to bank or around bank branches (including bank branches and sub branches) under the supervision of the activities. 1. of the central bank supervision, mainland China's central bank is the people's Bank of Chinese, its supervision of banks around the business activities is mainly manifested in: the examination and approval of the establishment of commercial banks, the issuance of business license; at any time on bank deposits, loans, settlement and bad debts can be carried out audit and inspection and supervision; to have or may the occurrence of the credit crisis, will seriously affect the interests of depositors and the bank may take over; ask the bank to be submitted to the balance sheet, income statement and other financial statements and data; responsible for establishing national financial statistics and accounting statements, which shall be published as prescribed by the state. 2. commercial bank supervision, according to the provisions of the "commercial bank law", the mainland bank's total branch system, namely the commercial bank is an independent legal person, its branches do not have the qualifications of a legal person, in accordance with the law to carry out business in the head office within the scope of authorization, the civil liability borne by the head office. The main regulatory measures are: formulate their own business regulations; establish and improve the business management, cash management and safety systems and on deposits, loans, settlement, such as the provision of audit and inspection system; the business activities of branches in regular audit and inspection; audit supervision the auditing organ. (four) comparison and analysis Comparing the banking supervision system between Australia and Hong Kong and the mainland, we can see that the main difference is that there is no central bank in Australia and Hong kong, Its supervisory function is carried out by the management departments under the government, while the central bank and the head office of the commercial banks of the mainland are responsible for the implementation of regulatory functions. Although the regulatory agencies between the three places are different, the content, methods and other general provisions of regulatory measures are similar. However, it is worthwhile for us to establish a banking association to coordinate the relationship between banks and governments and to strengthen self-discipline in Australia and Hong Kong, which is worth our reference and reference. Now, there are parts of mainland, such as Shanghai has established banking association, but the organization belongs to the industry organization is relatively loose in nature, there is no legislation to clear its position and responsibilities. In addition, a unified and authoritative Banking Association has not yet been established nationwide to enable it to play its role in industry management, coordination and self-discipline. In view of this situation, we can draw lessons from the practice of Macao and Hong Kong, establish a sound banking association at home as soon as possible, and further improve the banking supervision system in the mainland through strengthening industry self-regulation.