The promulgation and implementation of the three banking laws marks the basic establishment of modern financial supervision framework in China. According to the revised Law of the People's Bank of China, the main duties of the People's Bank of China are: "Under the leadership of the State Council, formulate and implement monetary policies, prevent and resolve financial risks, and maintain financial stability." The revised Law of the People's Bank of China strengthens the function of the People's Bank of China to implement monetary policy and macro-control, transfers the supervision function of banking financial institutions to the newly established China Banking Regulatory Commission, retains some financial supervision and management functions related to the performance of central bank functions, and continues to supervise financial market activities such as RMB circulation, foreign exchange management, interbank lending market, interbank bond market, interbank foreign exchange market and gold market. So far, China's financial supervision will be implemented by China People's Bank, China Banking Regulatory Commission, China Securities Market Regulatory Commission and China Insurance Regulatory Commission respectively. In order to ensure the coordination of the supervision of the four departments, Article 9 of the Law of the People's Bank of China authorizes the State Council to establish a coordination mechanism for financial supervision and management; Article 6 of the Banking Supervision Law and Article 35 of the People's Bank of China Law respectively stipulate that the banking supervision institution in the State Council and the People's Bank of China shall establish a supervision and management information sharing mechanism with other financial supervision institutions in the State Council.
Learning materials compiled by Lu Xingfu
Main points: (black) main content/(red) title/(blue) title of each chapter/(green) comments.
Chapter I Supervision and Management of Rural Credit Cooperatives
Rural credit cooperatives are rural cooperative financial organizations that are composed of members' shares, implement democratic management of members, and mainly serve members.
Its main task is to provide financial services for farmers, agriculture and rural economic development.
Its main functions (business) are: gathering idle funds in rural areas and guiding the flow of rural funds; Provide financial services for farmers and various economic organizations to develop agricultural production; Promote the adjustment of rural industrial structure and economic structure and support rural economic development; Guide rural private loans.
The service objects of rural credit cooperatives are: agriculture, rural areas and farmers. (Agriculture, rural areas and farmers)
At present, the development direction of rural credit cooperatives is to build rural credit cooperatives into market entities with "self-financing, self-financing, self-management, self-financing and self-risk".
Under the guidance and support of the government, a cooperative financial institution is a financial organization which mainly serves its members by voluntary participation of its members, democratic management and solving financial difficulties in production and life.
(Section 1) What are the main problems and risks faced by rural credit cooperatives in China?
Rural credit cooperatives have unclear property rights and imperfect corporate governance structure.
The asset quality is low, the proportion of non-performing loans is high, and the operating burden is heavy.
Rural credit cooperatives have serious losses and low capital adequacy ratio.
Rural credit cooperatives are small in scale and single in product structure.
The management of rural credit cooperatives is weak.
The second part: the particularity and supervision principle of cooperative financial institutions
Particularity of cooperative financial institutions
In the form of internal organization system, it belongs to cooperative financial organizations.
Compared with the internal organization system of the company, the differences between them are as follows:
The difference between credit cooperatives and companies.
Cooperative company system has different organizational forms.
The highest authority of the shareholders' meeting is different.
The executive bodies of the board of directors are different.
The internal management structure and principles of democratic management and corporate governance are different.
One person, one vote, one share, one vote, investors enjoy their rights in different ways.
Those who can withdraw from the cooperative and withdraw their shares after approval cannot withdraw their shares, and those who can only transfer their investors are subject to different restrictions.
In terms of service objects, it belongs to community financial institutions that mainly serve members.
There is no "bank" name, but it is engaged in banking business.
Enterprise management should not only stress economic benefits, but also reflect the service for members.
Absorb individual stocks, and the financial strength is small.
Basic principles of supervision of cooperative financial institutions
Principle of supervision according to law
The principle of simultaneous internal and external supervision
For urban and rural credit cooperatives, its external supervision includes:
(1) financial administrative supervision and management of CBRC and its dispatched offices 1 page
Centralized supervision and management of urban and rural credit cooperatives and grassroots credit cooperatives.
③ Social supervision, including customer supervision and public opinion supervision.
(4) the supervision of other government departments, such as industry and commerce, taxation and other departments.
Its internal self-control and self-discipline management include:
(1) Supervision and restriction of the general meeting of members, the board of directors and the board of supervisors
(2) member supervision
(C) the establishment and implementation of internal control system
(4) supervision of migrant workers
5] Supervision of audit, auditing, finance and other departments in internal institutions.
The principle of combining on-site inspection with off-site monitoring
Risk prevention principle
The rescue principle of combining self-help with other rescue
Principle of supervisory responsibility
Part III: Supervision of rural credit cooperatives in China.
Supervision concept of rural credit cooperatives
Characteristics of supervision of rural credit cooperatives
Duality of supervision subject
The focus of supervision is different.
Complexity of supervision work
Contents and methods of supervision of rural credit cooperatives
The supervision of rural credit cooperatives mainly includes: (market access supervision) (business operation supervision) (risk settlement) (risk disposal) and so on. The method adopted is mainly a combination of on-site inspection and off-site inspection.
Broadly speaking, financial institutions (market expectations) include:
(1) institutional access
In addition to the basic standards for the establishment of financial institutions, the access standards of rural credit cooperatives also need to meet the following specific standards:
Having articles of association that conform to the Regulations on the Administration of Rural Credit Cooperatives and the Regulations on the Administration of County-level Rural Credit Cooperatives.
A certain number of members have become shareholders.
Registered capital meeting the prescribed amount and shareholding structure.
There are qualified managers and managers.
(2) Business access
Business access standards of rural credit cooperatives:
Adapt to the objective requirements of rural and agricultural economic development.
In line with the functional orientation of rural credit cooperatives, loans should give priority to meeting the production capital needs of agriculture and farmers.
Have the ability to control risks suitable for business development, and implement asset-liability ratio management and asset risk management.
Having professionals and an internal control system suitable for its business.
(3) Access of senior management personnel
The (business operation supervision) of financial institutions is to discover, identify and judge the risks and the severity of risks in financial institutions in time through (1) off-site supervision and (2) on-site inspection.
In the on-site inspection of rural credit cooperatives, the methods of "inspection, verification, inspection and adjustment" are generally adopted.
In the process of off-site analysis, according to the regulations on asset-liability ratio management, four types of indicators are generally used for analysis:
Asset liquidity indicators Page 2
Asset safety index
Capital adequacy index
Income rationality index
3. (Risk assessment) There are five criteria:
(1) Asset status or per capita deposit of employees
(2) Percentage of non-performing loans
(3) the profitability of the credit cooperatives in the past three years and the current year.
(4) Capital adequacy ratio
5] Conform to the principles and norms of the cooperative system, and improve and implement the democratic management system and internal control system.
4. (Risk disposal) means that the financial supervision department takes corresponding and gradual measures in time for different risks existing in financial institutions, including:
(1) Reservation measures
(2) Corrective measures
(3) Rescue measures
(4) Market withdrawal
Key points of supervision of rural credit cooperatives in China
Focus on the implementation of on-site and off-site supervision from the following aspects:
Supervise the reform of rural credit cooperatives and promote it in a standardized and orderly manner.
Key points of rural credit cooperatives reform
Characteristics of rural credit cooperatives reform
Attitudes and principles towards the reform of rural credit cooperatives
It is necessary to affirm and publicize the historical position and important role of rural credit cooperatives in supporting economic construction and rural economic development.
We should persist in seeking truth from facts, adjust measures to local conditions and give guidance in different categories.
Entrusting rural credit cooperatives to provincial governments is the best choice to adapt to the current development level of rural productive forces in China.
Strengthening the function of rural credit cooperatives to serve agriculture, countryside and farmers is the key to the reform of rural credit cooperatives. No matter what kind of property right mode is adopted, we must adhere to the purpose of serving agriculture, countryside and farmers.
Focus on the comprehensive promotion of micro-credit loans for farmers, and strengthen the guidance and inspection of credit for supporting agriculture.
Supervise and guide rural credit cooperatives to fully implement micro-credit loans for farmers.
Strengthen the supervision of loan investment of rural credit cooperatives
Strengthen the supervision of rural credit cooperatives with the focus on preventing and resolving the risks of rural credit cooperatives.
Supervise rural credit cooperatives to do a good job in the "double decline" of non-performing loans (the absolute amount and proportion of non-performing loans decreased)
Supervise rural credit cooperatives to enrich their capital and enhance their ability to resist risks.
Strengthen the disposal of high-risk rural credit cooperatives, and continue to reduce the risks of high-risk rural credit cooperatives through demotion and merger with other rural credit cooperatives.
Strictly control the loan investment of rural credit cooperatives
Supervise rural credit cooperatives to strengthen financial management, improve the plan to make up deficits and increase surpluses, implement measures to make up deficits and increase surpluses, and clarify the responsibilities of making up deficits and increase surpluses.
Establish a brand-new supervision concept and improve the supervision efficiency of rural credit cooperatives
CBRC institutions at all levels should update their supervision concepts, clarify their supervision ideas, and gradually realize the "six changes" in the supervision of rural credit cooperatives.
1. Legal compliance supervision should be combined with risk supervision, and gradually change from legal compliance supervision to risk prudential supervision.
2 industry supervision should be combined with legal person supervision, and gradually change from industry supervision to legal person supervision.
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3. Business supervision should be combined with internal control supervision, and gradually transition from business supervision to internal control supervision.
4. Combine the qualification supervision and behavior supervision of senior executives, and gradually change from qualification supervision to behavior supervision.
5. Special inspection talks with sequential comprehensive inspection, and gradually changes from special inspection to sequential comprehensive inspection.
6. Post-event disposal is combined with pre-event and in-event early warning and prevention, and gradually changed from post-event disposal to pre-event and in-event early warning and prevention.
This chapter reviews and thinks about problems:
1. What are the main businesses and functions of rural credit cooperatives in China?
2. What are the main problems and risks in the management of rural credit cooperatives in China?
3. What are the particularity of credit cooperatives and the basic principles of supervision and management?
4. What are the characteristics of the supervision and management of rural credit cooperatives in China?
5. What are the main contents and basic methods of supervision and management of rural credit cooperatives in China?
6. What is the focus of supervision of rural credit cooperatives in China at present?
7. What are the countermeasures to strengthen the effective supervision and management of rural credit cooperatives in China?
8. What are the significance and countermeasures of the reform and development of rural credit cooperatives in China?
Chapter II Supervision and Management of Intermediate Business
Section 1: Overview of intermediary business and its supervision
First, the meaning and characteristics of intermediary business
The meaning of intermediary business of commercial banks
(According to the Interim Provisions on Intermediary Business of Commercial Banks issued and implemented by the People's Bank of China on July 4th, 20001,the definition of intermediary business is: business that does not constitute assets and liabilities on the balance sheet of commercial banks, but generates non-interest income from banks.
2. Characteristics of intermediary business of commercial banks
(1) Do not use or directly use its own funds.
(two) to accept the entrustment of customers to carry out business.
(3) Earn income in the form of handling fees.
(4) Great freedom and poor transparency.
5] The risk is lower than the credit business.
Second, the general risks of intermediary business of commercial banks
1, micro risk
(1) Credit risk (2) Market risk (3) Liquidity risk (4) Legal risk (5) Operational risk (6) Reputation risk (7) Operational strategic risk.
2. Macro risks
(1) Impact on total credit
(2) the impact on the effectiveness of monetary policy
(3) the impact on the stability of the financial system
Three. Problems and risks in intermediary business of commercial banks in China
1, the development of intermediary business in China is very primary, with irregular management, poor legal and credit environment and great management, legal and credit risks.
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2. China's commercial banks have low intermediate business level, poor efficiency and irregular business charges, which leads to greater business risks and the risk of vicious competition.
3. Business risks caused by poor quality of employees and high-tech crimes.
4. Technical risks. (Insufficient equipment)
Fourth, the significance of intermediary business supervision
1. Strengthening the supervision of intermediary business can meet the needs of the future development of commercial banks.
2. There are risks in the intermediary business itself, which requires the supervision department to strengthen the supervision of the intermediary business.
3. The goal of financial supervision requires the banking supervision department to strengthen the supervision of intermediary business.
4. The internationalization of intermediary business supervision requires the banking supervision department to strengthen supervision.
The second part: the supervision of international banking on intermediary business and its enlightenment
First, several guiding principles of the Basel Committee on the supervision of intermediary business
(The Basel Committee was established in February 1975)
1, principle of capital adequacy ratio
2. The principle of transparency in intermediary business of commercial banks.
3. Internal control principles of intermediary business of banks.
4. Strengthen cooperation with other regulatory agencies.
Second, the supervision of commercial banks in China and its enlightenment
1, the integration of intermediary business needs the integration of supervision.
2. Electronic intermediary business needs electronic supervision.
3. When supervising intermediary business, use less administrative means and more legal and market means.
4. A perfect financial supervision system needs a gradual improvement process.
Section III: Supervision of intermediary business of commercial banks in China
First, the current situation of intermediary business supervision of commercial banks in China
1, regulatory content
(1) Market reference of intermediary business
(2) continuous supervision
(3) Dealing with the problem banks and withdrawing from the market.
2. Main procedures and links of intermediary business supervision
(1) The intermediate business information reporting system was initially established.
⑵ On-site inspection is combined with off-site monitoring.
⑶ Use external audit and market mechanism to supervise the intermediary business of commercial banks.
Second, the problems existing in the supervision of intermediary business of commercial banks in China
1. The content and scope of supervision are narrow and the means are backward.
2. The ability and quantity of supervisors are limited, and the supervision of intermediary business, especially that of derivative financial instruments, is still blank.
3. The supervision system of intermediary business is not perfect, internal control and social supervision are insufficient, and bank self-discipline has just started, so it is difficult to play its due role.
The further development of intermediary business challenges the existing separate supervision mode.
The construction of regulatory laws and regulations is lagging behind, with a small number and poor operability.
Electronic network supervision is insufficient, and traditional supervision means and methods are still used.
Suggestions on the construction of intermediary business supervision system of commercial banks in China
1, strictly control the market.
2. Establish a scientific and reasonable intermediary business risk supervision system 5 pages
3. Urge banks to improve self-management and internal control.
4. Improve the regulatory agencies and strengthen the training of supervisors.
5, improve the laws and regulations of intermediary business, enhance the operability and standardization of operation.
6. Establish two supervision systems for intermediary business supervision.
7. Strengthen the electronic supervision of intermediary business.
This chapter reviews the thinking questions:
1. Main types and functions of intermediary business of commercial banks
2. The particularity of intermediary business of commercial banks relative to other banking businesses.
3. The main risks of intermediary business of commercial banks
4. The main problems and risks in the intermediary business of China's commercial banks.
5, the basic principles of international banking supervision and management of intermediary business
6. Enlightenment of effective supervision of international banking intermediary business to China.
7. Current situation and main problems of intermediary business supervision of commercial banks in China.
8. Measures to effectively supervise the intermediary business of commercial banks in China
Chapter III Supervision and Management of Online Banking
Part I: Overview of online banking.
First, the definition, emergence and development of online banking
(Broadly speaking, online banks are those banks that provide products and services to customers through electronic networks)
(In a narrow sense, online banking refers to a bank that connects to the Internet through personal digital devices such as computers, network televisions and set-top boxes, and provides one or several types of substantive banking services for consumers. The "network" here generally refers to the open network)
Second, the impact of online banking on the banking industry in China
1, profound changes in the banking industry
2, the impact on financial supervision
3. Impact on monetary theory and monetary policy operation.
Section II: Risks and Supervision of Online Banking
First, the risks of online banking
1, investment strategic risk
2. Business risks
(1) electronic pickpocket (2) network fraud (3) computer hacker (4) computer virus (5) information pollution.
3. Operational risk
4. Credit risk
5. Legal risks
Second, theoretical analysis and principles to improve the difficulty of online banking supervision
1, theoretical analysis
(1) Providing financial services through public computer networks will increase the demand for bank supervision.
⑵ The internationality of online banking has a potential impact on banking supervision.
(3) Supervisors of online banking engaged in transnational business.
2. Basic principles of online banking supervision.
Third, the international comparison of online banking supervision
(From the current situation, the supervision of online banking abroad has formed two models: the United States and Europe). Page 6.
Contents and measures of online banking supervision system in China
1, content of online banking supervision system in China.
(1) Set up a special supervision department within the People's Bank of China, paying equal attention to technical supervision and business supervision.
⑵ To promote the modernization and networking of supervision means, we must realize the integration with international practices as soon as possible.
(3) Strengthen the supervision of traditional online banking business.
(4) Take the road of coordinated supervision; (5) Do a good job in the supervision of market prospective persons.
(6) Strengthen the internal supervision of commercial banks, and prevent irregularities and computer crimes by strengthening management.
Once relevant laws and regulations are formulated as soon as possible, so that the supervision of online banking has rules to follow and laws to follow.
(8) Strengthen the supervision and cooperation of the central bank's international online banking.
2. Measures of China Municipality on the Supervision of Online Banking.
In view of the problems existing in the current network financial activities and drawing lessons from the experience of advanced countries, we can consider the following aspects:
⑵ Establish a network security protection system ⑵ Accelerate the development of network encryption technology.
⑶ Develop database technology and establish a large online banking database.
(4) Put the prevention of cyber crime on the level of state behavior, and the state will strengthen the legal publicity and education of cyber crime to enhance people's legal awareness of abiding by cyber security agreements.
5. Complement the legislative process of e-commerce and online banking.
This chapter reviews the thinking questions:
1, the definition and background of online banking
2. The development of online banking.
3. The influence of the development of online banking on traditional banking.
4. The main risks of online banking
5. Basic principles of online banking supervision
6. International comparison of online banking supervision and its enlightenment.
7. The development of online banking challenges the traditional concept of supervision.
8. Countermeasures to strengthen the supervision of online banking
Chapter IV Supervision and Administration of Other Financial Institutions and Businesses
(Section 1) Supervision of Finance Companies of Enterprise Groups
A finance company, in a broad sense, refers to a professional financial institution that can undertake loans other than banks and provide various financial services similar to banks and other financial institutions; In a narrow sense, it refers to a financial company affiliated to an enterprise.
First, the development of financial companies in China
1, mainly traditional business.
2. The scale and benefit are limited by the strength of the group companies on which they depend, which leads to polarization.
3. Steady operation and good risk control, but the competitiveness is not strong.
4. Limited by resources, personnel, technical level and its own scale, the service to the group company needs to be strengthened.
Second, the daily business supervision and measures of financial companies
1. Market reference of financial companies
2. On-site inspection and off-site monitoring of financial companies
Third, the financial company market exit
Four, the future development strategy and objectives of the finance company
1. Strengthen financial innovation, enrich financial products and seek new profit growth points.
2. Actively change business philosophy and cultivate modern financial concepts.
3, improve the level of financial services, improve the internal management system 7 pages
(2) Supervision of financial leasing companies
First, the basic function and role of financial leasing
1, basic function
(1) financing function (2) financial function (3) investment promotion function (4) liquidation function (5) promotion function.
2, the main role
(1) banks, (2) leasing enterprises, (3) manufacturing equipment manufacturers, (4) investors and (5) governments.
Second, the main risks of the financial leasing industry
1, lessee's default 2, interest rate risk 3, exchange rate risk
Third, the main problems in China's financial leasing industry
1, poor publicity and promotion, small business scale, inaccurate market positioning, serious rent arrears, long-term huge rent arrears, poor financing channels, fragmented industry supervision, and imperfect market system.