摘要:20世纪80年代以来,人民币利率管制可以分为严格管制和非对称管制两个时期.在此期间,利率管制扭曲正规金融和非正规金融两个市场,成为引发银行业暴利、中小企业融资困难、民间借贷危机等诸多问题的深层次原因.利率管制扭曲效应的矫正亟需推进利率市场化改革,然而当前银行法律制度中利率管理规则存在基准利率界定错位、监管部门权力泛化以及管制目标不清等缺陷,无法适应利率市场化环境下的利率管理要求.应当重构银行法的利率管制规则,明晰基准利率的内涵和外延,约束政府利率管制权的边界,转变利率监管目标和方式,推动存款保险、金融市场准入、金融机构破产等配套制度出台,并按民事和商事不同性质明确超过一定利率限度民间借贷行为的法律责任.
Abstract:The interest rate control by Chinese government since 1980's can be divided into two periods, namely strict control and asymmetric control. During both periods the interest rate control distorted the formal and informal financial markets, and became the underlying reason for excessive profit of banking industry, financial difficulties of SMEs, crisis of private lending and so on. The correction of the market distortion initiated by interest rate control notably leads to interest rate liberalization. However, the current Chinese banking laws and regulations can't adapt to the requirement of the situation under interest rate liberalization, because of inherent flaws such as misconception of benchmark interest rate, power abuse and unclear objectives of regulators. Consequently, the rule of interest rate control should be reconstructed, the concept of benchmark interest rate should be clearly defined, the power of controlling interest rate by government should be restrained, the goal and approach of interest rate control should be changed, and some supporting systems like deposit insurance, financial market access and bankrupt rule of financial institutions should be introduced. Additionally, the legal liability of private lending transaction over certain interest rate limit should be emphasized according its profit-making or nonprofit-making nature.
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