Research On Legal Problems Of Commercial Banks Financial Products

In recent years, though the financing product market of commercial banks in our country has rapid developed, but all kinds of commercial banks has done the "trust" in reality, by the name of " financing product ". According to The Trust Law, The Interim Measures for the Administration of the Personal Financial Management Business of Commercial Banks, The Guidelines on Risk Management of Personal Financial Business of Commercial Banks, The Measures of Financing Product Sales Management of Commercial Bank and The Notice about Specification for Commercial Bank Financing Business Investment Operation lay down by China Banking Regulatory Commission. In China, financing product market, even the development of the entire national economy, financing product and trust business locate very fuzzy, which not only has caused the financial market turmoil, but also has influenced the development of the trust industry. So in theory, we should make clear the nature of bank financing product, and use trust theory to regulate the financing products of commercial banks. This passage will compare and analysis different theories about Commercial Bank financing product properties, and point out the trust property of financing product. After that this passage will introduce legal rights about financial investors and the legal obligations of Commercial Banks. Analysis investors rights and Commercial Banks obligations to fulfill the irregularities in current operation process of financing product of Commercial Bank. At last, put forward suggestions for regulating investors rights and Commercial Banks obligations.The first part of the article starts from theoretical analysis of the bank’s financing product, and introduced three aspects. First, this passage introduces basic concept of financing product. Secondly, summary the difficult position of location on the legal nature of financing product, and analysis current law ambiguous define. At last, discriminates the different define in current theoretical circles, and points out that the nature of the current financing product of Commercial Banks in China is Trust.The second part of the article introduces financing product investors statutory rights and their obstacles in the process of implementation. This part contains two aspects. One aspect is that introduces investors statutory rights, such as right to learn the truth, superintendence, right of privacy, right of relief the damage of property and so on. On the other hand is that point out unknown of investors’ legal status in current, inadequate protect right to learn the truth and superintendence.The third part of this article first introduces the statutory obligations of the banks, which include duty of loyalty and duty of care. Besides, this part still introduces irregular performing of banks statutory obligations. For example the unreasonable design of financing product, improper manage of financial management funds, financing product l risk is not positive disclosure and so on.The last part of the article put out norm of law to perfect the rights and obligations of the investors and Commercial Banks. This part still contains two aspects. On the one hand, put forward suggestions to protect the rights of investors. This includes making investors legal status clear, guaranteeing investors right to learn the truth, the designing of he supervisory system of investors and so on. On the other hand, this part introduces the bank entrusted financial obligation norms, which main includes strict financing product designing, specifying for the investment management of financial management funds, unifying financing product risk disclosure standards and so on.