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在社会主义法制建设不断加强的今天,商业银行必须以法律、法规为准绳,依法办事。依法律己,依法行使权利和履行义务,实现“依法治行”。但是,由于我国商业银行建立的时间不长,法律约束机制不尽完善,因而违规违法现象普遍存在,在依法治行上,有许多现实问题亟待解决。一、依法纠正商业银行的违规经营行为《商业银行法》颁布实施以来,我国商业银行发生了深刻的变化,市场化的自主经营机制逐渐成熟,但是,也有不少商业银行将自主经营异化成为“自由经营”,违规经营现象日益增多。有的无视信贷计划,绕规模、超规模放款;有的滥开银行承兑汇票;有的利用假委托等手段变相放款;有的搞名目繁多的帐外经营;有的随意更改会计、统计报表、搞“泡沫经营”;还有的随意下放经营权力,将一些
With the continuous strengthening of the socialist legal system, commercial banks must act according to law in the light of laws and regulations. In accordance with the law, they exercise their rights and fulfill their obligations according to law and realize “administering by law.” However, due to the fact that the establishment of commercial banks in our country is not long and the legal restriction mechanism is not perfect, the phenomenon of violation of laws and regulations is ubiquitous. There are many realistic problems to be solved in the course of governing by law. I. Correct the illegal operation of commercial banks according to law Since the promulgation and implementation of the Commercial Bank Law, China’s commercial banks have undergone profound changes. The market-oriented self-management mechanism has gradually matured. However, many commercial banks alienate themselves into “ Free management ”, the phenomenon of illegal business is increasing. Some ignore the credit plan, around the scale, ultra-large-scale loans; some bank promulgation of bank promissory notes; some false disgorgement and other means to disguise; some engage in a wide range of accounts operating; and some arbitrary changes in accounting, statistical reports, Engage in “bubble management”; and some decentralization of business power, some will be