Research On The Supervision Legal System Of Bank Personalfinancial Services

After our country's bank personal financial services enter into the rapid development stage,they fall into difficult position because of"zero income","negative income"storm.Investigating its reasons,which lie in such the following aspects:the legal relationship qualitative of the bank personal financial services is fuzzy and chaotic,which leads to imperfect supervision;due to the existence of legal risks,market risks,liquidity risks and operational risks etc.,it is difficult to guarantee"can not lose", information asymmetries and other external factors make investors be in a passive and vulnerable status compared with bank;the existing normative documents relating to it are imperfect,the legal effect level is low and the role of regulations is insufficient.In view of the above questions,I think only strengthening and improving supervision on bank personal financial services can promote it to have better and faster development,can protect the interests of investors more efficiently.This paper adopts the research method of combination of theoretical and empirical analysis,law and economics theories to comprehensively analyze the legal contradictions and the problems in the bank personal financial services,then answers the three questions of "what","why"and"how to do".First of all,Chapter I answers the question of"what"from the point of view of concept's connotation and extension and classifies the bank personal financial services in accordance with different standards,then sums up its development course.Chapter 2 discusses the nature of their legal relationship deeply.First,the paper introduces current doctrines and relevant provisions of the legislation,then through specific and concrete analysis,it obtains the conclusion that the financial consulting services belong to the legal relationship of technical consulting contract,the plan of ensuring income and the plan of ensuring capital with floating earnings belong to the lending legal relationship,and the plan of non-insurance capital with float earnings belongs to the trust legal relationship.At the same time,from the view of the three elements of legal relationship,the paper specifically analyzes the main body,object,fights and obligations of the three different financial services mentioned above.Next,Chapter 3 answers the question of"why",that is to analyze the necessity of supervision on bank personal financial services.In theory, they have high risks,due to the influence of information asymmetry and other external factors,investors and bank are unequal in understanding and operating the financial products,so the interests of investors can't be protected well.In reality,there are so many problems in bank personal financial services,for example,product design management mechanism is not perfect,risk revealing is not sufficient,the sales is mislead by staff,but the regulatory effect of present legislation is weak.When more and more people take part in this market,strengthening and improving the supervision system is urgent.Finally,Chapter 4 proposes suggestions about"how to do".First,it establishes three main principles the supervision should obey:protecting the interests of investors,abiding by the law,paying enough attention to both safety and efficiency.Followed by,the key is to construct relevant regulatory systems,which include the following aspects:implementing the professional supervision,controlling the market access of financial products strictly through supervision on product design's independence and innovation;consummating the third party trusteeship system of financial funds;strengthening prevention of risks of the provision about "guarantees a minimum";standardizing information disclosure of the personal financial markets;perfecting the management system of the qualifications of the staff in bank personal financial services.