······································································· 1
考点1 中央银行 ········································································································································ 1
考点2 监管机构 ········································································································································ 3
考点3 自律组织 ········································································································································ 7
第2节 银行业金融机构 ·············································································································· 8
考点4 政策性银行 ···································································································································· 8
考点5 大型商业银行 ······························································································································ 10
考点6 中小商业银行 ······························································································································ 12
考点7 农村金融机构 ······························································································································ 14
考点8 中国邮政储蓄银行 ······················································································································ 15
考点9 外资银行 ······································································································································ 16
考点10 非银行金融机构 ························································································································ 16
第3节 同步强化训练 ··············································································································· 18
第2章 银行经营环境
第1节 经济环境 ······················································································································ 28
考点1 宏观经济运行 ······························································································································ 28
考点2 经济结构 ······································································································································ 32
考点3 经济全球化 ·································································································································· 33
第2节 金融环境 ······················································································································ 34
考点4 金融市场 ······································································································································ 34
考点5 金融工具 ······································································································································ 37
考点6 货币政策 ······································································································································ 39
第3节 同步强化训练 ··············································································································· 46
VI 银行业法律法规与综合能力讲义·真题·预测全攻略
第3章 银行主要业务
第1节 负债业务 ······················································································································ 52
考点1 存款业务 ······································································································································ 52
考点2 借款业务 ······································································································································ 61
第2节 资产业务 ······················································································································ 62
考点3 贷款业务 ······································································································································ 62
考点4 债券投资业务 ······························································································································ 71
考点5 现金资产业务 ······························································································································ 74
第3节 中间业务 ······················································································································ 75
考点6 交易业务 ······································································································································ 75
考点7 清算业务 ······································································································································ 77
考点8 支付结算业务 ······························································································································ 79
考点9 银行卡业务 ·································································································································· 82
考点10 代理业务 ···································································································································· 85
考点11 托管业务 ···································································································································· 86
考点12 担保业务 ···································································································································· 87
考点13 承诺业务 ···································································································································· 89
考点14 理财业务 ···································································································································· 90
考点15 电子银行业务 ···························································································································· 92
第4节 同步强化训练 ··············································································································· 94
第4章 银行管理
第1节 公司治理 ···················································································································· 104
考点1 公司治理的含义 ························································································································104
考点2 公司治理的主体 ························································································································105
考点3 利益相关者 ································································································································106
考点4 信息披露 ····································································································································107
第2节 资本管理 ···················································································································· 107
考点5 银行资本的概念与作用 ············································································································107
考点6 监管资本的要求及管理 ············································································································108
考点7 经济资本及其应用 ····················································································································113
第3节 风险管理 ···················································································································· 113
考点8 银行风险的种类 ························································································································114
考点9 风险管理的发展历程 ················································································································116
目 录 VII
考点10 全面风险管理 ··························································································································118
考点11 风险管理流程 ··························································································································119
第4节 内部控制 ···················································································································· 120
考点12 内部控制的目标 ······················································································································121
考点13 内部控制的原则 ······················································································································121
考点14 内部控制的构成要素 ··············································································································121
考点15 内部控制的重点内容 ··············································································································123
第5节 合规管理 ···················································································································· 123
考点16 合规管理的相关概念 ··············································································································123
考点17 合规管理的目标 ······················································································································124
考点18 合规管理体系的基本要素 ······································································································124
考点19 合规管理的重点内容 ··············································································································124
考点20 合规管理部门职责 ··················································································································125
第6节 金融创新 ···················································································································· 126
考点21 金融创新概述 ··························································································································126
考点22 金融创新的基本原则 ··············································································································127
考点23 金融创新与客户利益保护 ······································································································128
第7节 同步强化训练 ············································································································· 129
第5章 银行业监管及反洗钱法律规定
第1节 《中国人民银行法》相关规定 ···················································································· 136
考点1 中国人民银行的直接检查监督权 ····························································································136
考点2 中国人民银行的建议检查监督权 ····························································································137
考点3 中国人民银行在特定情况下的检查监督权 ············································································138
第2节 《银行业监督管理法》相关规定 ················································································ 138
考点4 《银行业监督管理法》的适用范围 ························································································138
考点5 《银行业监督管理法》有关监督管理措施的规定 ································································139
第3节 违反有关法律规定的法律责任 ···················································································· 141
考点6 刑事责任 ····································································································································141
考点7 行政处罚 ····································································································································141
考点8 行政处分 ····································································································································141
考点9 相关的处罚措施 ························································································································141
第4节 反洗钱法律制度 ·········································································································· 143
考点10 洗钱概述 ··································································································································143
考点11 《中华人民共和国反洗钱法》 ······························································································144
VIII 银行业法律法规与综合能力讲义·真题·预测全攻略
考点12 《金融机构反洗钱规定》 ······································································································147
考点13 《金融机构大额交易和可疑交易报告管理办法》 ······························································148
考点14 违反反洗钱规定的法律责任 ··································································································149
第5节 同步强化训练 ············································································································· 150
第6章 银行主要业务法律规定
第1节 存款业务法律规定 ······································································································ 153
考点1 存款及其办理原则 ····················································································································153
考点2 存款业务的基本法律要求 ········································································································153
考点3 对单位或个人存款查询、冻结、扣划的条件和程序 ····························································154
考点4 存款利率的法律管制 ················································································································156
考点5 存单纠纷案件的认定与处理 ····································································································157
考点6 存款合同 ····································································································································159
第2节 授信业务法律规定 ······································································································ 159
考点7 授信原则 ····································································································································159
考点8 授信审核 ····································································································································160
考点9 贷款业务的基本法律要求 ········································································································161
考点10 贷款合同 ··································································································································162
第3节 银行业务禁止性规定 ·································································································· 163
考点11 商业银行向关系人发放信用贷款的禁止 ··············································································163
考点12 对商业银行存贷业务中不正当手段的禁止 ··········································································164
考点13 同业拆借业务的禁止 ··············································································································164
第4节 银行业务限制性规定 ·································································································· 165
考点14 对同一借款人贷款的限制 ······································································································165
考点15 对关系人发放担保贷款的限制 ······························································································165
考点16 对相关金融业务和直接投资的限制 ······················································································165
考点17 对结算业务的限制 ··················································································································166
第5节 同步强化训练 ············································································································· 166
第7章 民商事法律基本规定
第1节 民事权利主体 ············································································································· 170
考点1 民事权利主体的概念 ················································································································170
考点2 自然人 ········································································································································170
考点3 法人 ············································································································································170
目 录 IX
考点4 非法人组织 ································································································································171
第2节 民事法律行为和代理 ·································································································· 172
考点5 民事法律行为 ····························································································································172
考点6 代理及其种类 ····························································································································173
第3节 担保法律制度 ············································································································· 175
考点7 担保法律制度概述 ····················································································································175
考点8 物权法 ········································································································································175
考点9 抵押 ············································································································································176
考点10 质押 ··········································································································································179
考点11 保证 ··········································································································································181
考点12 留置 ··········································································································································183
第4节 公司法律制度 ············································································································· 184
考点13 《公司法》概述 ······················································································································184
考点14 公司设立制度 ··························································································································185
考点15 公司资本制度 ··························································································································185
考点16 公司的组织机构 ······················································································································186
考点17 公司终止制度 ··························································································································186
第5节 票据法律制度 ············································································································· 187
考点18 《票据法》概述 ······················································································································187
考点19 票据的功能 ······························································································································188
考点20 票据行为 ··································································································································188
考点21 票据权利 ··································································································································189
考点22 票据丧失的补救措施 ··············································································································190
第6节 合同法律制度 ············································································································· 191
考点23 合同的概念及特征 ··················································································································191
考点24 合同的订立 ······························································································································192
考点25 合同的生效 ······························································································································193
考点26 合同的履行 ······························································································································195
考点27 违约责任 ··································································································································196
第7节 同步强化训练 ············································································································· 196
第8章 金融犯罪及刑事责任
第1节 金融犯罪概述 ············································································································· 204
考点1 金融犯罪的概念 ························································································································204
考点2 金融犯罪的种类 ························································································································204
X 银行业法律法规与综合能力讲义·真题·预测全攻略
考点3 金融犯罪的构成 ························································································································205
第2节 破坏金融管理秩序罪 ·································································································· 206
考点4 危害货币管理罪 ························································································································207
考点5 破坏银行管理罪 ························································································································208
第3节 金融诈骗罪 ················································································································· 214
考点6 集资诈骗罪 ································································································································215
考点7 贷款诈骗罪 ································································································································215
考点8 信用证诈骗罪 ····························································································································217
考点9 信用卡诈骗罪 ····························································································································218
考点10 票据诈骗罪、金融凭证诈骗罪 ······························································································219
第4节 银行业相关职务犯罪 ·································································································· 221
考点11 职务侵占罪 ······························································································································221
考点12 挪用资金罪 ······························································································································221
考点13 非国家工作人员受贿罪 ··········································································································222
考点14 签订、履行合同失职被骗罪 ··································································································223
第5节 同步强化训练 ············································································································· 223
第9章 概述及银行业从业基本准则
第1节 《银行业从业人员职业操守》概述 ············································································· 228
考点1 宗旨 ············································································································································228
考点2 从业人员 ····································································································································229
考点3 适用范围 ····································································································································230
第2节 银行业从业基本准则 ·································································································· 231
考点4 诚实信用 ····································································································································231
考点5 守法合规 ····································································································································231
考点6 专业胜任 ····································································································································232
考点7 勤勉尽职 ····································································································································232
考点8 保护商业秘密与客户隐私 ········································································································233
考点9 公平竞争 ····································································································································233
第3节 同步强化训练 ············································································································· 234
第10章 银行业从业人员职业操守的相关规定
第1节 银行业从业人员与客户 ······························································································· 240
考点1 熟知业务 ····································································································································240
目 录 XI
考点2 监管规避 ····································································································································240
考点3 岗位职责 ····································································································································241
考点4 信息保密 ····································································································································242
考点5 利益冲突 ····································································································································243
考点6 内幕交易 ····································································································································244
考点7 了解客户 ····································································································································246
考点8 反洗钱 ········································································································································247
考点9 礼貌服务 ····································································································································247
考点10 公平对待 ··································································································································248
考点11 风险提示 ··································································································································249
考点12 信息披露 ··································································································································249
考点13 授信尽职 ··································································································································250
考点14 协助执行 ··································································································································251
考点15 礼物收送 ··································································································································252
考点16 娱乐及便利 ······························································································································253
考点17 客户投诉 ··································································································································253
第2节 银行业从业人员与同事 ······························································································· 254
考点18 尊重同事 ··································································································································254
考点19 团结合作 ··································································································································255
考点20 互相监督 ··································································································································255
第3节 银行业从业人员与所在机构 ························································································ 256
考点21 忠于职守 ··································································································································256
考点22 争议处理 ··································································································································256
考点23 离职交接 ··································································································································257
考点24 兼职 ··········································································································································258
考点25 爱护机构财产 ··························································································································259
考点26 费用报销 ··································································································································259
考点27 电子设备使用 ··························································································································259
考点28 媒体采访 ··································································································································259
考点29 举报违法行为 ··························································································································260
第4节 银行业从业人员与同业人员 ························································································ 260
考点30 互相尊重 ··································································································································260
考点31 交流合作 ··································································································································261
考点32 同业竞争 ··································································································································261
考点33 商业保密与知识产权保护 ······································································································263
XII 银行业法律法规与综合能力讲义·真题·预测全攻略
第5节 银行业从业人员与监管者 ··························································································· 263
考点34 接受监管 ··································································································································263
考点35 配合现场检查 ··························································································································263
考点36 配合非现场监管 ······················································································································263
考点37 禁止贿赂及不当便利 ··············································································································264
第6节 同步强化训练 ············································································································· 265
第11章 附则
第1节 惩戒措施 ···················································································································· 276
第2节 解释机构及生效日期 ·································································································· 277
第3节 同步强化训练 ············································································································· 277
中国银行体系概况
