On Financial Mixed Conflicts Of Interests In The Legal Regulation

The topic of this thesis is "Legal Regulation of Conflict of Interest in Universal Banking".It first introduces the long practiced experience and legal measures adopted by foreigncountries to regulate the issue of conflict of interest incurred under universal banking, andevaluate the function and status of various legal regulatory means. It further reviews theexisting regulatory regime of the People' Republic of China ("PRC"), and raises hisproposals on how to revise and improve Chinese laws in the future in this regard.The main content of this thesi is briefed as follows:The preamble part introduces about the topic, initiative of study and study scope of thisthesis, and states the study method as well as restrictions on such study.Chapter One is a substantial part of this thesis. This chapter evaluates the real threat of theissue of conflict of interest due to universal banking, including the applicability of such apossible threat in China.. This chapter analyzes the concept, characteristics and reasons forthe conflict of interest under universal banking from a theoretical point of view.Chapter Two focuses on the theoretical basis of regulating conflict of interest. Based on theenlightment from the existence of fiduciary duties under the common law system, it pointsout that it is necessary for such regulation, and compares the main regulatory means tosolve the issue of conflict of interest.Chapter Three explores civil rules on regulating conflict of interest, including those generalrules on regulating conflict of interest under Common Law and Continental Law(particular focus is given to the conflict of interest rules contained in the concept offiduciary duty under Common Law), and the civil liability system on regulating specialtypes of abuse of conflicts of interests. At the end, this chapter summarizes these rules, andaddresses its enlightment for the PRC.Chapter Four evaluates the main administrative supervisory measures for regulatingconflict of interest, namely the firewall system and information disclosure system. It alsoassesses the function of such systems as well as their enlightment for the PRC.Chapter Five elaborates on the development and main content of Chinese wall systemwhich functions as self-discipline system for regulating conflict of interest under universalbanking operation. It also briefly evaluates Chinese wall's function as well as itsenlightment for the PRC.Chapter Six is the key part of this thesis. This chapter elaborates on the significance andnecessary nature of regulating conflict of interest under universal banking operation bylegal means, and points out the special Chinese situation and proposes the relevantsolutions. Finally, this chapter reviews the quo status of the relevant Chinese laws andregulations on regulating conflict of interest due to universal banking, and raises concreteproposals on how to improve the relevant laws and regulations.The last part of this thesis is its conclusion which states the author's view on how tocomprehensively use various kinds of legal means to regulate the issue of conflict ofinterest under universal banking.