Research On Appropriateness Obligations Of Commercial Banks In Personal Financial Management Business

In recent years, commercial bank personal finance products develop rapidly in the domestic capital market. Under the background of the Reform of banking industry mixed, trans-industrial operation of finance and the "Internet +" propulsion, financial products become more specialized and complicated, and financing business disputes occurred frequently. To this issue, this article takes the experience of appropriateness obligations for reference, which is generally adopted by foreign capital market. At the same time, consider the dilemma on the legislation and practice for our country’s relevant regulations of the commercial bank appropriateness obligations. Such as the effectiveness level of specification file is on the low side, content scattered or cross, orientation deviation, imperfect concrete system,,lack of operability and so on. In the perspective of appropriateness obligations of commercial banks in personal financial management business, specific studies into four chapters. Chapter i illustrates that appropriateness obligations of commercial bank should include at least three aspects of content, and combining with the theory basis of appropriateness obligations and the development data of personal financial management business in recent years, expounds the necessity of the appropriateness obligations of commercial bank. Chapter ii sort out regulations legislation situation of appropriateness obligations in our country, discusses current problems of appropriateness obligations of commercial bank, such as position, legislation and system. Chapter iii introduces the development and the innovation point of appropriateness obligations in the United States, the European Union, Britain and Japan, in order to serve reference experience to domestic provisions of appropriateness obligations. Chapter iv combine the problems with foreign experience mentioned above, not only grasp the starting point and the core content of commercial banks appropriateness obligations from the position, but also put forward some suggestions to the legislative level and supporting system. On the reasonable localization, point out that commercial Banks appropriateness obligation take investor protection as starting point, and its core lies in the reasonable matching of the investors and wealth management products. At the legislative level, it is suggested that appropriateness obligations should rise to legal obligations, and formulate specific legal rules, clear both the application scope of obligations and the rights and duties of the commercial Banks, investors and regulators. While emphasize appropriateness obligations of the commercial Banks, avoid infinite amplification. On supporting mechanism, adopt enumeration type and exception type of investor classification, and supplement dynamic transformation mechanism; Adopt summarized type and enumerated type of products classification, and supplement real-time risk monitoring mechanism; Establish and perfect the multiple dispute resolution system, such as bank internal dispute resolution mechanism, alternative dispute resolution mechanism example as financial intermediation institutions, and litigation settlement mechanism including burden shift of proof, public financial litigation and financial court, etc., protect both of the rights and interests of investors and the development of bank individual financing business.