The Legal Problems Of Commercial Banks Cannot Cash Due Individual Financing Products

After the financial crisis,many problems emerged in China’s commercial banks financing products, one of which is the commercial banks cannot cash the due payment and interests of financing products purchased. Lacking of laws and regulations and judicial practice, there is no unified manners to solve problems and identify responsibilities. In this paper, legal issues of commercial banks cannot cash the due financing products will be discussed.Apart from the introduction and conclusion, the paper is divided into four parts:The first chapter will firstly describe the types, features and transaction structures of commercial bank financing products, then analyze the legal relationship between the commercial banks and financing products consumers. The author thinks that the rights and obligations between the commercial banks and the financing products consumers should be identified in specific financing products.In the second chapter, the author discusses the reasons why the commercial banks cannot cash the due individual financing products, including the risk of the entire market conditions, external risks of commercial banks and lacking of rigorous risk control.In the third chapter, the author analyzes the law application to the commercial banks cannot cash the due individual financing products, there are so many various obstacles that the current legal system cannot cope with the problems and risks that may arise. This chapter plays a fundamental role of the fourth chapter.In the fourth chapter, the author comes up with legal regulation recommendations on the commercial banks cannot cash the due individual financing products, including improving legal system of commercial banks and litigation system, the designs of commercial bank financing products, and breakthrough of institutional separate operation.The innovations of this paper are:firstly, systematically analysis the causes why the commercial banks cannot cash the due financing products; secondly, analysis transaction structure and risk of the credit financing products emerged in recent years; thirdly, comes up with improving measures to control the risk of payment crisis on commercial bank financing products.Of course, there are also many deficiencies:Firstly, the epitaxial of commercial bank financing products in this article is very small, focused on the ensure-income-class financing products, the scope of application is limited; secondly, the exposition of the problem is not enough,which just covers the application of law and civil law issues, the exposition of administrative law issues and criminal law issues related to false statements, information disclosure, and collusive fraud mining is not enough; thirdly, the proposal to the legal issues of commercial banks cannot cash the due financing products is not detailed and targeted enough, which needs continuing arguments.