机构监管与功能监管的交错:美国GLB法案的经验

机构监管与功能监管分别代表着针对不同金融风险主题的两种监管方式与理念,二者实不应有优劣之分.审视被普遍视为体现功能监管理念典型立法的GLB法 案,其实际是机构监管与功能监管理念相互冲突和协调的产物.法案籍由二者的融合,使各监管机构能以分工合作的方式达成监管效能的最大化.这一经验值得我国借鉴.

The Intersection between Institutional Regulation and Functional Regulation: The Experience from the American GLB

Institutional regulation and functional regulation represent different means and conception of regulation against different financial risk subjects respectively, so there should not be any distinctions on advantage and disadvantage of them. Close examination is commonly regarded as the GBL for the typical legislation that embodies the conception of functional regulation, while it is virtually the products from the conflicts and comprom/ses between institutional regulation and functional regulation. The fact that the GBL makes each regulation organ share out the work and help one another to reach the maximization of the regulation effects in accordance with the integrity of the two kinds of regulations is worthy of our learning.