Research On The Regulatory Path And Legal Regulation Of Financial Asset Management

The asset management plan covers all kinds of financial activities from structured financing to entrusted investment management.It carries out corresponding research from the perspective of the combination and interaction of Finance and law,restores the basis of financial asset management transactions based on Civil and commercial legal relations such as contract law,and straightens out the essence of financial transactions that legal regulations should focus on.In the field of financial asset management,there are different states of complementarity or conflict between transaction logic oriented legal agreement and financial supervision.On the one hand,protecting investors is the common basic value of financial supervision law and civil and commercial law system,and the two are consistent and complementary;On the other hand,there is a conflict between the two.The civil and commercial law arrangement that is most beneficial to investors at the case level may bring systemic risks.Therefore,the regulatory regulation will deny the meaning of self-regulation at the civil and commercial law level and overcome the systemic risks caused by the free conclusion of civil and commercial law contracts between the parties,This is the logic of financial supervision.Discrimination of legal rules not only exists as the exogenous mechanism of the financial asset management system,but also constitutes the endogenous mechanism of the financial system from the beginning,which has contributed to the formation and development of the financial system.The main risks of financial asset management at home and abroad are term mismatch,leverage superposition,liquidity fragility and other risks,The technology and system of supervision and risk control can be interconnected.According to the logic of financial supervision and legal regulation,the connection between law and finance has always been organically integrated and evolving,which has also become the internal reason for endangering the stability of the financial system.The evolution of the transaction form of financial asset management has a common logic to follow.The key contents include: clarifying the business form of financial asset management,macro: the relationship between the industry pattern and the whole financial market,meso: transaction organization and operation mode,micro: the internal organizational structure of products,and the relationship between single-layer transactions;How to analyze and evaluate the legal relationship,the organization,and even the legal relationship from the institution to the whole financial asset management under the multi-level evolution analysis;Straighten out the crux and logical panorama of the supervision of financial asset management,clarify the connotation and extension of financial asset management,and the regulation ideas of consensus;By focusing on the definition of investors’ appropriateness obligations and trustee’s obligations,this paper analyzes the combination of regulatory rules and judicial application.Learn from the relevant processes and achievements of the change of international financial system,comprehensively examine and build a legal regulatory framework suitable for China’s financial asset management.