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当前情形下,市场的调节作用不能缺少经济法的把控。遇到市场运行滞后情况时,经过政府以及市场调节绝不凑效的惨痛教训的实践后,经济法应运而生。经济法由于其开放性,在整体上论述其作用或许过于空洞,本文结合笔者在商业银行工作的经历,结合我国《商业银行法》等法律,从商业银行的准入、客户关系的维护以及商业银行的内部控制,在观察经济法作用的同时,也试图找寻目前实践中出现的问题,期冀在混业经营成为趋势的背景下,相关的法律制度能够进一步完善,以发挥经济法和金融法维护金融秩序稳定与促进市场经济发展的目的。
Under the current circumstances, the regulatory role of the market can not be absent from the control of economic law. In the face of lagging market conditions, the economic law came into being after the painful lessons learned by the government and market regulation. Because of its openness, economic law may be too empty to discuss its function as a whole. Based on the author’s experience in commercial banks and the law of China’s “Commercial Banks” and other laws, from the access of commercial banks, the maintenance of customer relationships and the commercial While observing the role of economic law, the bank’s internal control also seeks to find out the problems in current practice. It is expected that the relevant legal system will be further improved in the context of mixed operation as a trend, so as to bring into full play the role of economic law and financial law Maintain the stability of financial order and promote the development of market economy.