The Legal Nature Of Commercial Bank Loan Class Financial Product

At the end of 2014 about "bull market" cheers again people’s passion for finance to a climax, when we gaze retroactive to focus on those in recent years to present the colorful wealth management products in China, it is not hard to find these products at the time of maximum satisfy the interests of investors and financial institutions, many contradictions are also derived.From a legal perspective, many financial products because of the complexity of the participation main body and the diversity of financial behavior lead to two dimensions in the legislative regulation and judicial decisions have created many problems, especially in the commercial bank financial products. It is well known that the commercial Banks with agency network, customer resources, capital strength, account system and other advantages, these characteristics make bank naturally in the process of the growing financing business development of the dominant, and the design of other financial institutions financial product promotion have a significant impact. Due to financial institutions market position, management pattern and customer channels between differences, combined with the current legal status between the alienation that exist in the financial product, product problems such as unclear legal relationship qualitative, protracted dispute, the commercial bank financial business is to create profits for Banks, provide investors with returns at the same time also led to many legal issues and regulatory difficulties, difficult to achieve under the new historical environment of wealth management professional, personalized market demand. Based on this, this article takes the commercial bank financial products as the breakthrough point, existing in to our country commercial bank financial products shall be classified on the basis of the derivation from different angles to analyze the legal relations of the various products of necessity, in to carry on the careful reading of the legal relationship and to clarify the possible impact of legal nature analysis. This article is divided into four parts to analyze the legal nature of commercial bank financial management products:The first part is problem of derivation, mainly revolves around three parts. Specific include: what type of financial product is commercial bank loans, the typed products based on different standards can be divided into what kind, what are the reasons to promote the development of this type of products, the problems that exist in the actual operation process, and the necessity of the specification.The second part is the problem, the kind of financial product for commercial bank loans the core issues, the legal nature of the mainstream academic and practical circles’ s point of view is what, what are the reasons for the basis, the existing theories on what problems exist in the interpretation. Second, starting from define the legal nature of the basis, in combination with special financial product interpretation rule exploration on the basis of commercial bank loans of interpretation in the legal nature of the kind of financial product particularity. Again, from the perspective of the rights and obligations in this paper, the loan class core characteristics of wealth management products, according to the usual "syllogism" logic analyzes its legal nature.The third part analyze the legal nature of such products may be produced by the impact. Evaluation of perspectives including the influence of the parties to a financial product, commercial bank loans to regulators in formulating laws, regulations and judicial application and the possible impact of the type impact or other financial product business model. Through the discussion of the above three aspects, in this kind of products, all parties should be about the civil and commercial law basic concept, the legal nature of products through the legal relationship between different parties to build risk prevention mechanism and reasonable allocation of rights and obligations.The fourth part is the full text of the summary. Judging on the one hand, this paper expounds the type of financial product commercial bank loans legal nature of the matters needing attention, on the other hand, emphasizes the trust brings great benefit in the field of wealth management in China also has some weakness and confusion. This will help us further thinking concept of legal system and in the role of the division of property relationship, and for the sustainable development of China’s financial market provides the system guarantee of the more energetic.