经济全球化尤其是金融全球化对各国金融监管法制带来了强大的冲击与挑战,包括市场准入、业务限制、资本流动到价格方面似乎都无一例外地出现了放松管制的趋向。然而在上述监管法律嬗变的过程中,一些深层的制度问题并未得到厘清,如国内金融市场的保护与开放、监管者职能的转换、监管模式的调整,等等,而这也是中国金融法制现代化进程中必须着力解决的重大课题。 Economic globalization, especially financial globalization, has brought about tremendous challenges and challenges to the legal and regulatory systems of various countries, including market access, business restrictions, capital flows and prices. All appear to have tended to deregulate. However, some deep-seated institutional problems have not been clarified during the evolution of the supervisory law as mentioned above, such as the protection and opening up of domestic financial markets, the transition of regulatory functions, the adjustment of regulatory modes, and so on, which is also the modernization of China’s financial legal system The process must focus on major issues to be solved.