| 20th century 60's, western developed country commercial bank along with the financial control relaxation, the financial industry aggravating ,correspondence science and technology reasons and so on progress, the financial tool innovation starts to develop, the 80's reach the high tide still were at this point on the rise. At the same time, different kinds of risk also come. Our country commercial bank tool innovation starts late, but develops quickly. More serious is, in the financial tool innovation process, our country commercial bank financial tool innovation startes insufficiently, it takes to the legal risk, and also creates the enormous risk hidden danger.Therefore, this article take solves above problem as a goal, from commercial bank finance tool innovation connotation obtaining, introduced briefly the western country commercial bank finance tool innovation development condition, has horoughly analyzed financial tool innovation law questions and so on risk type, influence. There are seven law risks faced by our commercial bank, such as bank compliance legal risk, contract text legal risk, legal risk of the credit system, and so on. In this foundation, it proposed carries on the control to the financial tool innovation law risk the necessity, passed on the western developed country finance tool innovation law risk control advanced experience had expounded the present our country commercial bank finance tool innovation law risk control existence question. Finally it proposed consummates our country commercial bank finance tool innovation law risk control the suggestion, namely constructs two aspects from the commercial bank exterior finance tool innovation laws and regulations construction and the commercial bank internal finance tool innovation law risk system to solve, achieved treats the symptoms and the causes goal. There are four chapters in this article. Chapter one is the survey of commercial bank financial tool innovation. Chapter two is the analysis of commercial bank financial tools legal risk. Chapter three is the advanced experience of overseas commercial bank financial tool innovation legal risk control. Chapter four is the measures of our country commercial bank tool innovation legal risk regulation. This article unifies the finance and the law, analyzes the commercial bank finance tool innovation legal risk from the risk control angle of view the question. T raises the risk control level to our country banking industry to have certain help. Moreover, this article elaboration key part namely strengthens the bank legal department about the commercial bank to construct and to realize the comprehensive risk management is also our country commercial bank's important research direction, practices the operation to the related commercial bank to have certain theory significance. |
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