The Conflicts And Their Countermeasures Of Asset-management Market's Legal Regulation

Asset–management market is a new market forming with the development of financial institution's asset-management service, with the features of mixed-industry and innovation. The reason that legal regulation of asset–management market exist conflict is the contradiction between asset–management market's mixed-industry feature and the legal regulation's separated feature.The legal regulation's conflict of guaranteeing return,market access and sales is representative. There are two problems existing in these conflicts at least. The one is regulators'will interfere the market causing the competition to be unfair. The other one is the different legislative level of different legal documents. They are both harmful to the healthy development of asset-management market.The harmfulness of the conflicts existing in the asset–management market's legal regulation determines the necessity of reform. The reasons of the conflicts determine the solutions, which should include the unity in thinking, the unity in norms and supervision reform. The unity in thinking includes the principle of protecting the trustors, the principle of fair regulation and the principle of moderate regulation. The unity in norms is to legislate basing on the trust legal relationship and make the different treatment basing on the method of collecting. Besides, definiting the financial institution's fiduciary obligations, introducing market-rate system and trustor protection fund are also contained in the unity in norms. Supervision reform means gradual transition from institutional supervision to functional supervision. Because the supervision of asset–management market is only a part of the whole financial market's supervision, asset–management market's functional supervision won't realize utile the whole financial market's supervision become functional supervision. Therefore, the present supervision of asset–management market should perfect the coordination mechanism. Considering the tendency of functional supervision, the functional supervision of asset–management market must be realized in the future, and the conflicts of the legal regulation will be solved thoroughly then.