Research On The Commercial Banks’ Fiduciary Duty In The Floating Benefit Finance Products

In recent years, the market size of the commercial banks’ floating benefitfinance products in increasing, which is playing an significant role in broadening theinvestment channels for the investors and improving the return on theinvestment. However, except for the unsystematic regulations, there are limitedspecific regulations on the financial products as the outcomes of innovation. Based onthe profit-driven themselves and the ambiguity of the legal regulation, it is commonthat commercial banks make inroads on the investors’ interests by their own powerfulposition. So it is urgent and necessary to discuss about the commercialbanks’ obligations in the financial products with the floating income. This article,based on defining the nature of the trust laws in the financial products with floatingincome, analyses the problems in recent commercial banks’ duty of performance andraise the concrete requires of compulsory regulation. The structure of the wholepassage is as follows:Chapter One is about the overview of the floating benefit finance products andthe analysis of legal relation combined with the trust law nature, which lays theframework of the trust law for later context. Chapter Two is about the theory analysisof the fiduciary duty of commercial banks. The combing of the theoretical basis of theobligation is based on the legal theory and economics theory as well as the relevantprovisions in Anglo-American Legal System. From two aspects of the duty of loyaland diligence, I analyze the content of the fiduciary duty of commercial banks.Chapter Three reveals the problems in the obligation performance of commercialbanks. Combined with a variety of cases, violations of the duty of loyalty and care incommercial banks are analyzed. Chapter Four intensifies the physical measures toperform the fiduciary duty.Integrated with the theoretical basis of fiduciary obligation,this chapter proposes the specific measures to strengthen the commercialbanks’ fiduciary duty from two aspects of the duty of loyal and diligence aimed at thereal problems in commercial banks’ obligation performance.