论人民币利率市场化背景下商业银行不正当竞争法律规制-on the legal regulation of commercial banks unfair competition under the background of rmb interest rate marketization.docxVIP

强对商业银行经营活动的指导和监督；明确监管主体，加大执法力度，发挥好行业自律组织的作用；完善商业银行的准入和退出机制，维护银行业的正常竞争秩 序。关键词：利率市场化；商业银行；不正当竞争；法律规制AbstractOn July, 2013, our country absolutely liberalizes the control of the RMB lending rate, which is the important achievement in the progress of interest rate’s marketization. The marketization will certainly affect the financial markets, and commercial banks, as the basic of the financial markets, will be affected firstly. Following the progress of interest rate’s marketization, the competition among commercial banks will be intensified, and the problem of unfair competition will be more serious. Thus, researching the commercial banks’ unfair competition and raising relevant methods are the important tasks we are facing now.This paper is composed of the following four parts:Part I: The introduction of the RMB interest rate’s marketization. Include the definition, the significance and the progress of the RMB interest rate’s marketization.Part II: This part mainly deciphers the influence of the RMB interest rate’s marketization to the commercial banks from the view of the competition: firstly, the RMB interest rate’s marketization promotes the competition among the commercial banks; secondly, the RMB interest rate’s marketization also encourages the propagation of the unfair competition acts of the commercial banks. On the basis of interpreting the cause of the propagation of the commercial banks’ unfair competition acts, enumerate main forms of unfair competition acts: acquire deposits by high interest rate or raising interest rate indirectly; appeal to the high quality credit customers by low interest rate or lowering the standard of credit limits; operate middle business illegally; distribute indicators to the employees; set up barriers to the business among commercial banks, and so on.Part III: Introduce the present situation of the legal regulations of the commercial banks’ unfair competitions. This part discusses from the view of the law, regulations, and norma