自我监管与政府监督

Self-Regulation and Government Oversight

Review of Economic Studies · 2005
被引 130
人大 A+FT50ABS 4*

中文导读

分析自我监管组织(如纽约证券交易所)如何执行反欺诈规则,发现其执法比客户期望的更宽松,并探讨政府监督如何促使自我监管组织加强执法。

Abstract

Self-regulation is a feature of a number of professions. For example, in the U.S. the government delegates aspects of financial market regulation to self-regulatory organizations (SROs) like the New York Stock Exchange and the National Association of Securities Dealers. We analyse one regulatory task of an SRO, enforcing antifraud rules so agents will not cheat customers. Specifically, we model contracting/enforcement as a two-tier problem. An SRO chooses its enforcement policy: the likelihood that an agent is investigated for fraud and a penalty schedule. Given an enforcement policy, agents compete by offering contracts that maximize customers' expected utility. We assume that the SRO's objective is to maximize the welfare of its members, the agents. We show that the SRO chooses a more lax enforcement policy—meaning less frequent investigations—than what customers would choose. A general conclusion is that control of the enforcement policy governing contracts confers substantial market power to a group of otherwise competitive agents. We also investigate government oversight of the self-regulatory process. The threat of government enforcement leads to more enforcement by the SRO, just enough to pre-empt any government enforcement. Copyright 2005, Wiley-Blackwell.

自我监管政府监管执法政策市场力量