摘要
在我国现实经济生活中,各类金融控股公司在法律间隙中生存发展,在某种程度上处于脱法状态,蕴含着极大风险。从法治角度而言,政府经济改革政策或方案的出台首先应当立法先行,以法律促进和保障改革的发展与方案的实施,这亦是法治国家通行的原则。然而,被政府默许甚至批准设立的金融控股公司的发展却又一次违反了这一法治基本原则。本文拟从各国(地区)金融控股公司立法特点入手,在对我国金融控股公司现状及金融法制架构检讨的基础上,提出完善金融控股公司立法基本框架的构想,并对我国金融立法的滞后性问题作一初步分析,以期政府能以法治的思维推动我国金融改革的发展和促进金融法制的健全与完善。
In actual economic life in China, all kinds of financial holding companies have existed and developed in the narrow gaps of law, being divorced from law to some extent, thus containing tremendous risks. The putting forward of economic reform policies or plan of a government should give priority to legislation so as to promote law and to ensure the development of reform and the enforcement of plan, which is also the universal principle of a rule-by-law country. However, the development of financial holding companies acquiesced, even approved by government, violate the fundamental rule-by-law principle. Starting from the characteristics of legislation on financial holding companies in different countries (and areas), the paper, based on self-criticism of the current situation of financial holding companies in China and financial legislation framework, attempts to put forward some ideas to perfect the basic legislation framework of financial holding companies, and it makes a preliminary analysis on the problem of lagging of financial legislation in China, so as to expect the government to promote the development of financial reforms and perfection of financial law system in China with the thought of law.
出处
《上海财经大学学报》
2004年第4期58-66,共9页
Journal of Shanghai University of Finance and Economics
