The segmented regulatory system of the bond markets in China: current situation, causes and reform

IF 0.9 Q2 LAW
Chi Zhang
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Abstract

China’s bond market has expanded eightfold in the past decade. This rapid growth has transformed it into one of the largest bond markets globally. However, owing to the dual-track policy related to the public and private sectors during the early decades of Chinese economic reform, the regulatory regime of the bonds issued by state-owned enterprises and those that are privately owned has been treated differently and regulated by different authorities. The segmented regulation of government bonds, corporate bonds and financial bonds has seriously raised the transaction cost of issuers and motivated regulatory arbitrage as well. More interestingly, the regulatory system of China’s bond market has diversified during the past two decades. The regulatory regime of listing companies on the Chinese stock exchanges, by contrast, was unified as early as the late 1990s. Although the Financial Committee of the State Council has promised to unify the regulatory system of the Chinese bond markets since 2017, it does not appear to be easy to change the existing institution and there is uncertainty surrounding reform. Based on a detailed review of the origins and evolution of the regulatory regime of the Chinese bond markets, this article suggests that the segmented regulatory regime is rooted in the unequal status of the public and private sectors in the Chinese economy. Therefore, the pre-requisite for unifying China’s bond market regulation is the equal treatment of state-owned enterprises and privately owned companies.
中国债券市场的分割监管体制:现状、成因与改革
中国的债券市场在过去十年中增长了八倍。这种快速增长使其成为全球最大的债券市场之一。然而,在中国经济改革的最初几十年里,由于与公共和私营部门有关的双轨政策,国有企业和私营企业发行的债券的监管制度受到了不同的对待,并受到不同当局的监管。政府债券、公司债券和金融债券的分段监管严重提高了发行人的交易成本,也引发了监管套利。更有趣的是,在过去的二十年里,中国债券市场的监管体系已经多样化。相比之下,中国证券交易所上市公司的监管制度早在20世纪90年代末就已经统一。尽管国务院金融委员会承诺自2017年起统一中国债券市场的监管体系,但改变现有制度似乎并不容易,改革也存在不确定性。本文在详细回顾中国债券市场监管制度的起源和演变的基础上,认为分段监管制度的根源在于公共部门和私营部门在中国经济中的不平等地位。因此,统一中国债券市场监管的前提是对国有企业和私营企业一视同仁。
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来源期刊
CiteScore
1.30
自引率
0.00%
发文量
21
期刊介绍: This journal is essential for all serious capital markets practitioners and for academics with an interest in this growing field around the World. It is the first periodical to focus entirely on aspects related to capital markets for lawyers and covers all of the fields within this practice area: Debt; Derivatives; Equity; High Yield Products; Securitisation; and Repackaging. With an international perspective, each issue covers articles and news relevant to the financial centres in the US, Europe and Asia. The journal provides a mix of thoughtful and in-depth consideration of the law and practice of capital markets through analytical articles on topical issues written by leading practitioners and academics in the international arena. There are also articles on matters of best practice and opinion on legal and practice developments from around the world. In particular the journal offers: • Unique specialist coverage of international capital markets practice • High level of analysis for experienced lawyers and academics • Team of internationally respected editors from leading centres in the US, Europe and Asia • Quality of articles assured through peer review system.
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