On the Interaction between Financial Innovation and Financial Regulation in Free Trade Zone and Its Legal Safeguarding: Taking Fu Jian for Example
在应然层面上,我国自贸区的金融改革当实现金融创新与金融监管之间的互动。然而,在实然层面,二者之间的互动存在不足,如去金融管制易而风险监管难、金融创新措施具体得力而金融监管相对滞后,尤其是自贸区所在的地方政府存在重金融创新而轻监管的倾向。互动的不足与垂直型分业金融监管体制存在密切联系,也在一定程度上源于金融立法滞后于金融创新实践。为有效防范和化解金融风险,必须要加强和完善自贸区的金融法治,探索符合自贸区实际的金融监管制度。The financial reform in China＇s free trade zone should realize the benign interaction between financial innovation and financial regulation. However,there are many deficiencies between them in fact. For example,it is easy to deregulate in financial industry while risk-based financial regulation is very hard. Moreover financial innovation measures have been effectively implemented while financial regulation are relatively lagging behind financial innovative practice,especially local governments pay more attention to financial innovation. These deficiencies result from the existing vertical separate financial regulatory system in our country,and in some degree are the outcome of financial legislation lagging behind financial innovation practice. In order to safeguard and depose financial risks in free trade zone,the rule of financial law should be strengthened and improved,and financial regulation system based on the condition of free trade zone should be explored.