对我国金融创新与监管关系的法律思考——以美国次贷危机爆发为背景

美国次贷危机引发的全球金融海啸在给各国经济以重创的同时,也激起我们对金融创新与金融监管二者关系的重新审视。金融创新与金融监管是一种动态的博弈关系,二者在现代金融发展过程中既互相促进,也互相制约。金融监管松驰导致二者关系失衡虽是美国金融危机的重要原因,但加强管制并非我国当前处理二者关系以走出危机阴影并防范和遏制金融风险的良药。重塑效益性与安全性相统一的金融发展观,坚持金融创新不能动摇,改善金融监管并在金融创新中及时跟进是适合我国国情的理智选择。

A Consideration of the Relationship between Financial Creation and Its Supervision Based on Legality:Focusing on the Background of the Outbreak of the Sub - prime Crisis in the U.S.

The global financial tsunami,caused by the sub-prime crisis in America,has not only destroyed the global economy but also made us re-examine the relationship between financial innovation and its supervision.The two are linked with each other as the relationship of a dynamic game.They promote and restrict each other in the process of modern economic development.Though the lax financial supervision is the important reason for the unbalance of the two which touched off the financial crisis in America,to strengthen the supervision is not the best way for China to shake off the shadow of the crisis,and to avoid and control the financial risk.On the relationship of the two,remolding financial lookout on the development of effectiveness and security,sticking to financial creation tightly,improving financial supervision and keeping updated during the financial creation are the rational choices that are appropriate for the condition of China.