司法介入金融监管：困境解释与破解路径

Judicial Involvement in Financial Supervision: Explanation of the Dilemma and Solutions

摘要: 金融监管与金融司法作为保障金融安全的关键途径，在不同环节与阶段发挥着不同的作用。然而，在金融“强监管”的背景下，二者边界日趋模糊，金融司法频繁援引监管规章作为裁判依据。这一方面弥补了仅仅依靠传统民商法难以解决复杂金融问题的漏洞，增强了法院裁判的说理；但另一方面，司法实践出现了监管规章被泛化适用于司法裁判、机械化套用等问题，导致金融司法呈现监管化倾向。为此，司法裁判创新性地引入“穿透式审判思维”，明确金融规章的适用情形、适用标准，并加强二者融合治理的路径创设。

Abstract: Financial supervision and financial justice serve as crucial means to ensure financial security. They play different roles at various stages and in different aspects. However, in the context of “strong financial supervision”, the boundaries between financial justice and supervision have become increasingly blurred. Financial justice frequently uses financial supervision regulations as the basis for judgment. On one hand, it fills the gap that traditional civil and commercial laws alone cannot solve complex financial issues, enhancing the reasoning of court judgments. On the other hand, in judicial practice, more and more regulations that should be applicable at the supervision stage are being widely used at the judicial stage, and are being applied in a template-like manner, leading to a trend toward financial justice becoming regulated. Therefore, judicial judgment innovatively introduces the “penetrating trial thinking”, clarifies the applicable circumstances and standards of financial regulations, and strengthens the creation of paths for the integration and governance of the two.