On April 4, the China Banking and Insurance Regulatory Commission released the "China Banking and Insurance Regulatory Commission's 6 Annual Report on the Construction of a Rule of Law Government" (hereinafter referred to as the "Report"), showing that the CBIRC is focusing on improving the basic institutional system of banking and insurance supervision, solidly promoting the revision of the Banking Supervision and Administration Law, and accelerating the revision of the Commercial Banking Law and the Insurance Law in conjunction with relevant departments. The draft amendments to the Banking Supervision and Administration Law and the Commercial Banking Law have been submitted to the State Council, and substantial progress has been made in important legislative projects.
In terms of strengthening law enforcement in key areas, the Report disclosed that the CBIRC strengthened corporate governance supervision, did a good job in internal control and major shareholder manipulation special rectification, and disclosed the fifth batch of 43 shareholders with major violations of laws and regulations. Strictly supervise market behavior, and carry out special rectification against illegal charges by enterprises involved in the banking field, infringement of personal information rights and interests, and "agent surrender". Pay attention to key links and risk points such as business continuity, network security, and information systems, and carry out special inspections. Strengthened supervision and punishment deterrence, punishing 4620,7561 banking and insurance institutions throughout the year, punishing 28,99 responsible personnel, and fining and confiscating <>.<> billion yuan. Strengthen the connection between administrative law enforcement and criminal justice, and promote the maintenance of a high-pressure situation in punishing financial crimes.
In terms of key supervision work, according to the Report, the CBIRC has improved the modern financial enterprise system, completed the three-year action plan for corporate governance, and promoted the party building of financial institutions into the chapter. Adhere to the principles of marketization and rule of law, and complete the takeover of the six insurance trust institutions of the "Tomorrow Department" as scheduled. Follow market rules, promote the disposal of high-risk institutions by categorical policy, explore multiple disposal paths such as market-oriented restructuring, bankruptcy reorganization, bankruptcy liquidation, etc., and resolve financial risks in a sound and orderly manner. Support financial integrity and innovation, basically complete the special rectification and reform of the financial business of platform enterprises, carry out special rectification of problems such as "unlicensed driving" in banking and insurance business, unfair competition, and damage to consumer rights and interests in the Internet field, and effectively regulate the financial order.
In terms of strengthening the construction of regulatory technology informatization, the Measures state that the CBIRC will pilot the one-form regulatory data collection platform, accelerate the promotion and application of the regulatory big data platform, and explore the development of the whole process of online banking supervision rating. Continue to optimize the "Internet + Government Services" platform to realize online handling of administrative license applications, progress inquiries, and approval results.
However, the CBIRC also pointed out that in the past year, the construction of the rule of law government in the banking and insurance industry has achieved certain results, but there are still some shortcomings and weak links, which are mainly manifested in: insufficient legislative research in key areas such as risk disposal, data security, and foreign-related rule of law, and legislative reserves to be consolidated; The basic legislative project of the banking and insurance industry needs to be continuously promoted; The cost of financial violations is low overall; The joint efforts of administrative law enforcement and criminal justice to jointly combat financial crimes have not yet fully emerged, and the financial crime investigation system and execution linkage mechanism need to be explored and reformed. The ability of supervisory cadres to use rule of law thinking and rule of law methods to solve problems still needs to be strengthened.
The Paper reporter Hu Zhiting