{"title":"金融服务业不当行为的原因和解决方案","authors":"S. Turnbull","doi":"10.1080/17521440.2019.1602694","DOIUrl":null,"url":null,"abstract":"This paper considers the efficacy of the Australian government's 2018 initiatives to counter widespread misconduct identified by its Royal Commission into misconduct in the banking, superannuation and financial services industry. As regulators exist to protect stakeholders, introducing stakeholders as co-regulators provides continuous intimate comprehensive identification of misconduct. The role, size, cost and intrusiveness of regulators are reduced. Regulators could use their discretionary powers to encourage firms to: (a) remove current unethical conflicts inherent in corporate constitutions; (b) establish constructive management of other conflicts; (c) provide independent voice to stakeholders for improving operations, competiveness, reporting misconduct, harms, risks or unsatisfactory service.","PeriodicalId":43241,"journal":{"name":"Law and Financial Markets Review","volume":"13 1","pages":"113 - 99"},"PeriodicalIF":0.0000,"publicationDate":"2019-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/17521440.2019.1602694","citationCount":"4","resultStr":"{\"title\":\"Causes and solutions for misconduct in the financial services industry\",\"authors\":\"S. Turnbull\",\"doi\":\"10.1080/17521440.2019.1602694\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"This paper considers the efficacy of the Australian government's 2018 initiatives to counter widespread misconduct identified by its Royal Commission into misconduct in the banking, superannuation and financial services industry. As regulators exist to protect stakeholders, introducing stakeholders as co-regulators provides continuous intimate comprehensive identification of misconduct. The role, size, cost and intrusiveness of regulators are reduced. Regulators could use their discretionary powers to encourage firms to: (a) remove current unethical conflicts inherent in corporate constitutions; (b) establish constructive management of other conflicts; (c) provide independent voice to stakeholders for improving operations, competiveness, reporting misconduct, harms, risks or unsatisfactory service.\",\"PeriodicalId\":43241,\"journal\":{\"name\":\"Law and Financial Markets Review\",\"volume\":\"13 1\",\"pages\":\"113 - 99\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2019-03-31\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://sci-hub-pdf.com/10.1080/17521440.2019.1602694\",\"citationCount\":\"4\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Law and Financial Markets Review\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1080/17521440.2019.1602694\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Law and Financial Markets Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/17521440.2019.1602694","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
Causes and solutions for misconduct in the financial services industry
This paper considers the efficacy of the Australian government's 2018 initiatives to counter widespread misconduct identified by its Royal Commission into misconduct in the banking, superannuation and financial services industry. As regulators exist to protect stakeholders, introducing stakeholders as co-regulators provides continuous intimate comprehensive identification of misconduct. The role, size, cost and intrusiveness of regulators are reduced. Regulators could use their discretionary powers to encourage firms to: (a) remove current unethical conflicts inherent in corporate constitutions; (b) establish constructive management of other conflicts; (c) provide independent voice to stakeholders for improving operations, competiveness, reporting misconduct, harms, risks or unsatisfactory service.
期刊介绍:
The Law and Financial Markets Review is a new, independent, English language journal devoted to providing high quality information, comment and analysis for lawyers specialising in banking and financial market issues and to others with interests in legal and regulatory developments affecting the financial markets. Published four times a year LFMR contains articles written by leading experts providing a forum for practical guidance on, as well as reflective and topical analysis of, all major jurisdictions, with a particular focus on the interaction between the law and market practice and behaviour.