Bank Charging Impulse Is Still "Irresistible".

　　 Can we curb the impulsion of charges?

According to the draft: "except Regulations Implementing government guided prices and government pricing business Besides the price of banking services, the price of commercial banking services is regulated by the market. Commercial banks can formulate and adjust market adjusted prices after reporting to relevant departments 30 or 15 days in advance.

Guo Tianyong, director of the research center of Bank of China, Central University of Finance and Economics (micro-blog), said that the draft has clarified the pricing power of commercial banks in addition to government pricing and government guidance projects, and provided a clear path for banks to set up new fees and adjust their charging standards.

But in some Law In the opinion of the circles, the draft was put forward. government The scope of pricing and guidance is too narrow. intervene , supervise The intensity is still too small. market In terms of price adjustment, banks are given too much room to regulate freely.

Dong Zhengwei, a lawyer who has paid attention to bank charges for a long time, pointed out that the current draft can not solve the chaos of bank charges that the public has questioned for a long time. The so-called "report" and "marked price" provide a green light for bank charges, and provide a basis for legalization of charges.

"If there is no problem in the full competition, the reporting system is not a problem, but at present, the banking industry in China can not be called full market competition, and the banking industry is still a relatively monopolistic industry." Liu Junhai, vice president of the China Consumer Association and professor of Renmin University of China, suggested that, taking into account the unique situation of China's existing financial market, it is necessary to limit the market price range and formulate measures for the management of commercial banks' service prices, which should be more tilted to financial consumers rather than banks.

　 How to solicit Consumer Opinion?

Of the 39 laws and regulations of the draft, 15 refer to finance. Consumer 。 These Provisions Regulations It is clear that banks should have "marked price" for consumers, and consumers have the right to suspend services when banks adjust service prices.

However, it needs to be pointed out that the draft is only mentioned in the government pricing and government guidance price formulation to solicit consumers' opinions, while the market adjusted price that the bank can make by itself does not refer to consulting with financial consumers or soliciting consumers' opinions.

In reality, financial consumers' price of banking services, especially the market. adjust The formulation of price is often confused. Ms. Tang sent overseas remittance through a commercial bank more than 200 dollar However, she was charged a remittance fee of 200 yuan. cost How about such a high fee bank? Formulate ?

Zhang Yuanzhong, director of Beijing sky law firm, pointed out that some banks' "asking for money" and "confusion" in some service charges have nothing to do with consumers' lack of voice in the pricing of bank services.

"Whether the government price, guidance price or market regulated price should be solicited from consumers." Liu Junhai said that even if banks fail to negotiate individually with each consumer, they should hold hearings.

Some legal experts suggested that in actual operation, the CBRC, PBC and NDRC should increase the approval power of the market adjustment price. As for how to exercise, a lawyer suggested that the joint approval is the best. "No regulatory department would agree that price hikes would not be allowed to take place."

　　　 How to do "open the door" legislation "?

Some people in the legal profession are more concerned about how to do this "open door legislation".

Some industry experts pointed out that we should first figure out what principles should be followed in formulating and improving the methods. The construction of our country is a socialist market economy, and the core of market economy is freedom of contract. fair 。 A large number of bank charges have shown that some banks are abusing the market position and depriving consumers of the freedom of contract, which destroys the principle of marketization.

Therefore, the measures should be adopted to further carry forward the spirit of the socialist market economy, and the socialist market economy should take into account the majority of the people. Finance Consumption, the interests of the vast majority of investors in the market economy, rather than from some institutions. interest Starting from the one-sided transplant of the so-called overseas experience, "how to do what we want to do" should avoid distorting the principle of marketization.

Liu Junhai suggested that for the public opinion, we should do well in categorization and editing, and make timely disclosure to the public in a timely manner. What ideas have been adopted in the process of improvement and what opinions have not been adopted? What is the reason? The proposal will also be made public to the public at that time.

"Do not be afraid of controversy or avoid controversy." Liu Junhai said that controversy is a good thing. If the legislation is well done, it will help to strengthen consumer confidence in the vast majority of financial consumers.

　 What services are government pricing?

According to the draft approach, the prices of basic commercial banks that are closely related to people's lives will be guided by the government or by the government, including bank bills, promissory notes, cheques, credit transfers and entrusted collection services.

A Beijing consumer asked: "these five items, except for credit transfer, the other four seem to have little to do with my ordinary life. It seems that they can not be used; why do small account management and bank card loss do not involve anything?"

"Judging from the current draft, there is indeed a situation where government pricing and government guidance prices are too narrow." Wu Jingming, a professor at China University of Political Science and Law, pointed out that the larger length of the bill stipulates how banks should make their own fees and how to supervise them.

A report quoted the head of the Department as saying: "although the five major categories seem to involve less content, there are different subdivisions under each category, such as handling fees, work costs and loss reporting fees, including basic commercial banking services closely related to people's lives."

In response, some consumers expressed the hope that the relevant departments could list and explain the contents and nature of the service items included in the government pricing and government guidance prices in order to avoid social misunderstanding and controversy.

Wu Jingming reminded us whether there should be a clearer, more operational standard for which items should be included in the government's pricing and guidance price? Should we also ask consumers for advice on government pricing and guiding price banking services? "After all, fees are paid by consumers."

　　　 Is it against commercial banking law?

According to the method, "in addition to stipulate the price of commercial banks guided by government guidance and pricing by the government, the price of commercial banks' service prices shall be regulated by the market."

Dong Zhengwei, a lawyer in Beijing, said that the method is actually a "reporting system" for bank service charges. Banks are free to spend on setting up new fees and adjusting fees, which is contrary to the existing commercial banking law.

The fiftieth article of the commercial banking law promulgated and implemented by the Standing Committee of the National People's Congress in 2003 stipulates that "commercial banks handle business and provide services and collect fees according to regulations." The fees and standards shall be formulated jointly by the banking regulatory authority under the State Council and the people's Bank of China in accordance with the division of responsibilities.

Reporters interviewed found that legal profession Opinions differ from person to person. Zhang Yuanzhong, director of Beijing sky law firm, believes that from the perspective of the law, the three ministries and commissions have given commercial banks autonomy in setting up new charging items and adjusting the charging standard.

After studying the provisions and methods of commercial banks, Wu Jingming believes that there are conflicts between the draft law and the existing commercial bank law. The measures are departmental rules. The commercial bank law belongs to the superordinate law, and the departmental rules and regulations can not violate the superposition law. Even if there is some opinion on the superordinate law, we should first propose to amend the superordinate law to avoid the suspicion of "superposition" through the departmental rules.

Some legal circles have reminded that the formulation of the measures should give full consideration to the views of all sectors of society. We should attach importance to the unreasonable areas in the draft proposed by the society. Meanwhile, we should publish the results of the consultation in time.