The Research On Relevant Private Law Remedies The Protection For The Investors Of Financial Products Of Commercial Banks

With the development of the domestic financial services, financial products are becoming the main products and services of innovation in domestic commercial banks. However, there are few laws and regulations for financial products in commercial banks, as China's capital market getting sound, the development of financial products prosper gradually. Financial products also appear in a variety of legal issues, especially in the issues of torts of commercial banks'financial products, in which a legal blank lays. It becomes the top priority for investors to understand how to get remedies in a legal way. In this paper, the issues of financial products will be discussed, with a detailed analysis of their causes, combined with the existing regulatory system of financial law and civil liability theory, under the principle of theory with practice, in the empirical analyzing method. The paper defines the protection scope for investors in accordance with the types of financial products, researches, analyzes and demonstrates the legal issues on financial products, and proposes specific solution, trying to guarantee the legitimate rights and interests of the majority of the public investors. Meanwhile, this paper breaks the previous research framework of financial products in commercial banks, giving prominence to private law remedies to confirm the rights of investors in private law system, safeguarding the stability of the financial products market and the vast confidence in the financial markets.The paper includes three sections, which are introduction, body and conclusion, while the body is divided into four parts.In the first section, it is an overview of the financial products investors in commercial banks. In this section, it introduces the concept of the financial products in commercial banks and financial products investors, the category of financial products, client relationship concerning financial products, the legal nature of the financial products, as well as defines the interests of investors. The introduction in this section is a basic of the following analysis.In the second section, it defines and distinguishes the categories of the torts concerning the financial products.In particular; it distinguishes the internal and external infringement concerning the said torts. As for the torts of financial products, both of liabilities of commercial banks themselves and other participants in capital market shall be accused.In the third section, it examines the legal protection mechanism of the financial products of China's commercial banks. This section introduces the current situation of legal regulations on the financial products, based on which, analyzes the current public law products in China, as well as the private law remedies. Meanwhile, it also introduces some relates foreign institutional measures on investor protection. This section distinguishes between the public and private law remedies of investor protection in financial products, focusing on the priority of the private law remedies, forming the theoretical basis of private law remedies for investor protection.In the fourth section, it firstly describes the current status of private law remedies of financial products in China. Secondly, in the view of the legislative perfection, emphasizes the importance of the private law remedies for investors of the financial products. The analysis starts from the system of contract law, tort law and other related legislation, distinguishes the liabilities between breach of contract and tort, along with the difference between the contract compensation and tort damage, so as to strengthen the protection for investor in financial products, to guarantee the investors' legitimate rights and interests in a wider scope and to enhance investor confidence in the financial market, and to maintain the stability of the capital markets.