Study On The Obligation To Disclose Of The Commercial Bank In The Trust Investment

Along with the national economy developing in a sustained, stable andcoordinated manner, people's demand is becoming more and more exuberant inmonetary assets store of value and the increment. Under this situation, theCommercial Bank's Trust Investment has expanded rapidly. With the Swift developingof this new business, more and more finance disputes follow up, and most of theactual disputes are under Commercial Bank's obligation to disclose. Then, what's theduty of disclosing? What's the basic of the Legal principle? How to carry out thebusiness? That's the reason why I selected this topic as my master paper. In my paper,I researched comprehensively and deeply at the theme of the Commercial bank'sobligation to disclose, using comparative method and linking theory with practice.This article is composed of five parts:Partⅰ, the stress is introducing the general situation of the Inland TrustInvestment. That is including of definition, the developing background, the presentcondition, and the classification of Commercial bank's Trust Investment, and so on. Inconsideration of the new business, I introduced the general situation clearly in thepurpose of studying the obligation to disclose that follows in the passage.Partⅱ, the point is the research on defining the obligation. Secondly, depending on the agent quality, the obligation to disclose is the embodiment of the trustee's dutyto inform.Partⅲ, this part is about the obligation to disclose on the basis of the theory.From the economics point of views, this obligation is based on the theory ofInformation Asymmetry; from the perspective of contract law, this obligation is basedon the requirements of the Contract Law; from the consumer protection law theory,this obligation is based on the requirements of consumers'right to know.Partⅳ, cited the legal provisions on this issue. They are"Interim Measures forthe Administration of Commercial Banks Personal Financial Management Services"and"Guidelines for the Risk Management of Personal Financial ManagementServices Provided by Commercial Banks".Part V, studies on the obligation to disclose of the Commercial bank in the othercountries. Which raised a problem that Chinese legal provisions of the obligation todisclose of the Commercial bank are defective? At last I present some suggestions andmeasures for the obligation to disclose of the Commercial bank.