Research On The Legal Problems Of Commercial Banks In Personal Financial Products

In recent years, the rapid development of economy and society, man and social harmony and stability, per capita discretionary funds more adequate, transformation in increasing demand personal finance and bank development of personal finance business booming. Personal finance business is commercial bank financial innovation under the new service, in product variety, reflect the legal relationship is complex, the specific law still is not perfected.In view of the disputes and the problems of financial product, regulatory department regulations promulgated laws and regulations. However, the existing law on the legal relationship of financial product does not clearly define, and the China banking regulatory commission of the principal-agent relationship does not conform to the reality of financial product transaction, resulting in a series of problems.Based on the analysis of personal finance products, the legal nature and the development of personal finance products in China and the problem of the legal risks faced, on the basis of discussion of the commercial Banks in the personal financial management business shall bear obligations and civil liability, including the civil obligation of commercial Banks, as well as the nature of civil liability, the principle of imputation, breach of contract and tort liability to pay compensation. In view of our country commercial bank personal finance product defined legal nature,responsibility is not clear; Information disclosure system is not perfect; Investor protection of individual wealth management products such as incomplete problem,put forward to improve the system of civil liability of the commercial bank personal finance products, on the one hand, must improve the legislative level, perfect the legal system and the civil liability system; On the other hand must clearly define the legal nature of personal finance products, improve the information disclosure system,strengthen the protection of the rights and interests of investors of personal finance products.