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维护金融稳定是新《中国人民银行法》赋予中国人民银行的职责之一,也是基层央行的新业务和近期的主要工作重点。处置中小金融机构存在的风险是基层央行维护金融稳定的主要目标,在我国以法治国逐步推进的今日,对金融机构的处置也必须以法律为准绳,要减少行政手段,公正、公平、合理地做好维护金融稳定工作。为此,本文从分析处置部分金融机构案例入手,对处置过程中遇到的一些法律问题进行了探讨,并借鉴国外经验提出相应对策。
Maintaining financial stability is one of the responsibilities entrusted to the PBC by the new “Law of the People’s Bank of China” and also the new business of the grassroots central banks and their recent major work priorities. The risk of handling small and medium-sized financial institutions is the primary goal of the grassroots central banks in maintaining financial stability. In our country, step by step by law and by law, the disposal of financial institutions must also be governed by the law. We must reduce administrative measures and just, equitably and reasonably Do a good job of maintaining financial stability. Therefore, this article starts with the analysis and disposal of some cases of financial institutions, discusses some legal problems encountered in the process of disposal, and draws lessons from foreign experience to put forward corresponding countermeasures.