The Legal Research On Asset Management Of Financial Institution

In order to face to the great competition of foreign financial institutions, our financial institutions such as banks, security companies, insurance companies, trust companies try their best to develop new services to gain market shares. Asset management is one of them. It is so beneficial that it becomes the focus of the competition. Although it has been growing for ten years, the separate management and separate supervision of our country make no institution to do classification, set standards of supervision for the asset management. And the existent law is not complete, which is behind of the development of practice.Because of the important status of the asset management in our economics, both of the scholars and participants pay great attention on its problems, some of which are still on controversy. Even though there has been lots of articles to discuss the above problems, they only limit to some fractional and none systematic research.In this case, this article analyzes the legal problems about the asset management on previously theories with expectation to do some help for practice.The first chapter analyzes the concept of the asset management, the reason of the development on the asset management and the challenges facing to the asset management.The second chapter classifies the sort of the asset management as personal financial plan and congregate financial plan, which have different character and function. The analyzing of the duty and the right of real financial product demonstrate that different kinds of products have different character. As the trustors lack of professional investment skills which the trustees have, the typical type of asset management should have a character of trust. Meanwhile, there are some types of no typical asset management. They are not the focal point of our legal perfection.The third chapter assures the scales of qualified participants. In order to settle the problem of misbehavior by the trustee, the trustee should obey the designated duties. They can prevent the trustees from encroach on the trustors right.The fourth chapter aims at complete the relative laws. First, some articles of the trust law should be amended to coincident with the institution of the asset management. Then the legal status of the private equity fund should be defined. Last, the supervision of the security investment fund should be unified.