Page 110 - 《期货和衍生品行业监管动态》(2022年合集)
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期货和衍生品行业监管动态
控制人的主体责任,地方政府的属地责任和金融监管部门的监管责任;加强金融
风险防范和早期纠正,实现风险早发现、早干预;建立市场化、法治化处置机制,
明确处置资金来源和使用安排,完善处置措施工具,保护市场主体合法权益;强
化对违法违规行为的责任追究,以进一步筑牢金融安全网,坚决守住不发生系统
性金融风险的底线。
PBC Publically Solicits Opinions on the Financial Stability Law of the People’s
Republic of China (Draft for Consultation) (2022/4/6)
To implement the decisions and arrangements made by the Central Committee of
the Communist Party of China (CPC) and the State Council on forestalling and
defusing financial risks and on improving the rule of law in the financial sector, and to
establish a long-term mechanism that safeguards financial stability, the People’s Bank
of China (PBC), after intensive research and evaluation in collaboration with relevant
authorities, drafted the Financial Stability Law of the People’s Republic of China
,
(Draft for Consultation) which is open for public opinions starting from April 6.
The Finance Stablization Law (Draft) includes six chapters and fourty-eight
articles. The chapters are General Provisions, Financial Risk Prevention, Financial
Risk Defusing, Finantial Risk Resolution, Legal Liabilities, and the Appendix. The
Draft aims to establish a sound, efficient and authoritative mechanism that coordinates
efforts to ensure financial stability. In specific, it will further ensure that financial
institutions, their major shareholders and actual controllers assume primary
responsibilities, local governments fulfill responsibilities within their jurisdictions,
and financial regulators undertake regulatory responsibilities. It will strengthen
financial risk prevention and early correction so that risks are identified and managed
at an early stage. It will establish a market- and law-based risk resolution mechanism,
and specify the sources and use of risk resolution funds, improve risk resolution
measures and tools to protect the legitimate rights and interests of market entities.
Also it will hold those who commit illegal and irregular conducts accountable,
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