Legal Prevention Of The Risk Of Intermediate Business Of Commercial Banks

As China’s capital market has become more sophisticated， diversifiedfinancing channels "financial disintermediation" phenomenon is becomingincreasingly severe， increasingly weakening the bank’s position as the main channelof financing in the past， the bank interest income as the main means of profitbusiness model is seriously challenged.The face of changes in the current financial market development in China， andcombined development experience of the international interbank， in order to copewith the strong challenge now foreign banks vigorously develop intermediarybusiness has become the consensus of the domestic banking sector. However， inrecent years， the practice of commercial banks to develop intermediary businessthat legal risk is increasingly becoming a bottleneck restricting the development ofintermediary business， mainly as follows: First， the intermediate business legalrelationship is complex， diverse legal risks breeding intermediary business， thecombination of different financial products convergence of a combination of differentrights， obligations and derivatives in the legal relationship between the inevitableperformance for multiple legal relationship. Which an intermediate business productsSuccess will also require considerable flexibility to meet the different needs ofdifferent customers， these often depends on the design of its legal framework isreasonable， careful. Specific performance: it is necessary to meet the needs ofcustomers but also unworkable， but also in line with the existing laws andregulations; followed by the intermediary business innovation with laws，regulations， lagging behind the obvious contradiction between hide huge legal risks.Commercial banks to make use of existing resources， such as network cases doesnot increase the assets and liabilities of the Bank to provide customers with a varietyof value-added services is an important feature of the intermediary business.Innovation is the inevitable requirement of intermediate business， domestic bankintermediary business innovation is mainly manifested in two aspects: First，banking services and securities. The combination of the insurance market in the liquidation of securities funds， banks and securities cooperation， assetsecuritization; Second， the use of modern information technology for onlinebanking services. However， these two aspects of the law and regulations is verylacking. In China， laws， and regulations are not complete， which makesintermediate business innovation and the lack of a sound legal environment， makingthe legal risks of the intermediate business of commercial banks more emergent.Again， due to China’s Commercial Bank Law "established foreign banks Bank mayengage in securities， insurance business separate operation mode， making Chinesebanks face mixed operation experience， advanced management concepts have to becareful to establish a financial holding the company in the form of playing the MixedOperation middle business walking a fine line， these commercial banks have madeat any time to face possible punishment by the central bank legal risks. We can seehow to effectively prevent the legal risk of the intermediary business has had toconfront the critical issues in the development of commercial bank intermediarybusiness process.China’s banking industry is also aware of the importance of the intermediarybusiness， but our intermediary business legislation lag， so commercial banks facemore legal risk in carrying out the intermediate business， which restricted thedevelopment of intermediary business in China within certain limits. In order to guardagainst the risk of the intermediary business， promote rapid and healthydevelopment of intermediary business in China， the banks need to proceed withcaution， strengthen internal risk control， legal innovation， to guard against therisks of differentiated and personalized services， and to strengthen the supervisionof the financial system; same time， I hope learn from the developed countries to therelevant laws and regulations on the basis of the relevant departments can take activemeasures to guard against the risk.