跨国银行监管中的法律冲突及其解决途径

在金融自由化、全球化的迅速发展中,各国加强了对跨国银行的监管。但由于各国法律的显著差异、银行监管国际合作体制的不完善以及银行业在各国经济中的特殊地位,跨国银行监管面临着诸多困难。针对跨国银行监管中的法律冲突,我们应遵循协调、平等互利、对东道国经济与金融利益实行保护等原则,通过冲突法和实体法两种途径寻求解决。

On Supervising of Multinational Banks and Related Legal Conflicts

Following the rapid growing of financial liberalization and globalization,the multinational bank has obtained unprecedented development,and the supervision of multinational bank has been strengthened in related countries.But because of remarkable difference among various countries' law,the imperfect of international cooperation system on bank supervision,as well as the special position of banking sector in the country economy,multina-tional bank supervision is facing many difficulties,one of them is the legal conflict problem.Basing on the coordination,equality and mutual benefit principle,following the rule of that the economy and the financial benefit of the host country should be protected,there are two ways that can solve the legal conflict problem,one is named conflict rules and the other is named substantive law.