Research On The Legal Supervision Issues Of Bank-trust Financial Services

China’s current financial supervision mode is "separate operation, separate supervision", in this mode, trust company is the only financial institution that can across the capital market, money market, industrial market, has unique institutional advantages. But the financial market meet a fierce competition now, if commercial banks want to get breakthrough development must seek the cooperation with other financial institutions, and they should break the limit that they can only investment a single area, trust company for its broad investment fields and is the best choice of cooperation. Bank-trust financial service is one of the most important business for the cooperation of both sides launch. This business can effectively make use of the advantages of both the banks companies and trust, which shows strong market vitality in the early stages of development, but when it has experienced rapid development stage, the risk of bank-trust financial service is gradually revealed, the frequent occurrence crisis that the bank and trust company can not pay the financial money. The root cause is the legal risk of bank-trust financial service that can not be ignored. Mainly in the following aspects:the legal nature of financial services is unknown, the lack of unified admittance standards of financial service market, financial service information disclosure is not sufficient, lack of the trust responsibility mechanism of bank and lack of full protection to the investors of their interests. Exactly, it is these legal risk demonstrated the necessity of legal supervision of bank-trust financial services. But our current bank-trust financial service legal supervision system is woefully inadequate. the law of bank-trust financial service is confused and not comprehensive,so it still need further improvement.This research starts from the regulatory problems at present, studying the legal problems in the theory with the larger dispute and probing how to effectively supervise the bank-trust financial services. In-depth analysis of what is the bank-trust financial services, why to carry out supervision and how to supervise the three important problems, in order to put forward proposals to strengthen supervision for regulators.This context firstly study the problem that what is the bank-trust financial services. from two aspects to research. First, study the definition of bank-trust financial services from CFP, the law and the academic,point out its shortcomings and put forward my own definition from the perspective of law. And based on the definition conducting a comprehensive analysis on the connotation and epitaxial of financial business.through this study it can show an In-depth understanding of bank-trust financial business from the perspective of characteristics. Second, the regulatory authorities for the legislation of financial services content is chaotic, the root lies in the legal nature of bank-trust financial business is uncertain, so it is necessary to clarify its legal nature, and define the rights and obligations.The current academic circles mainly have three different theories of bank-trust financial services’legal nature." Commissioned legal relationship " "trust legal relationship " "specific classification" The author on the basis of this analysis of three theories, think that bank-trust financial services shall belong to the legal relationship of trust, so, the legal relationship between the bank and the investor belongs to the trust legal relationship, legal relationship of trust companies and banks belongs to the trust legal relationship also. And clearly the rights and obligations of banks, trust companies, investors on the basis of clarifying its legal nature. Only clear rights and obligations, regulatory authorities can effectively carry out the supervision, in the face of disputes, judicial organs can accurately judge. Define the legal nature is the basis for analysis of law supervision of the bank-trust financial services, but, defining the legal nature can not solve the regulatory legal issues, necessary to conduct in-depth study on legal risks of financial business in the operation. Solve the problem of "why". That is why we should regulate the bank-trust financial services, another important issue should be studied in this paper. In addition to the risk that law character ambiguity,this paper also analyses the legal risks unique to financial business mode. That is, the lack of unified admittance standards and quality management of financial service market, financial product information disclosure, risk warning mechanism is not perfect, lack of bank liability mechanism, the legal risk of financial product buyer protection system is not perfect. Financial business have so many risks, but the regulatory system is not perfect, therefore, under the present background of financial business,it need to develop rapidly to perfect legal system of supervision,in order to ensure the healthy and stable development of financial market.Finally solve the problem of "how to do". How to strengthen and perfect the bank-trust financial service supervision system. The paper carried on systematic analysis on legal risks exist bank-trust financial service, upon this foundation the author on how to improve the legal supervision of the regulatory raises suggestions and countermeasures. On the macro level, we should update the ideas of supervision, and make a modest attempt to functional supervision. On the micro level,we should improve financial market access system, limit the commercial banks to engage in financial business and improve financial qualifications of personnel qualification management. Improvement the trust responsibility mechanism of bank in conducting the bank-trust financial service, and strengthen information disclosure and risk warning management. And we should strengthen the protection of financial products buyers through perfect the Beneficiary’s meeting system.