| Trust according to its characteristics in the field of financial innovation system has the advantage of natural,trust business cooperation with other financial cooperation is inevitable trend of development of financial markets,the bank and trust company products accounted for the largest market share.This financial cooperation as a typical financial innovation product solve the problem of the trust company party funding sources with the customer and bank regulation constraints,but along with the development of corresponding is a lot of problems.For the security issues of interest to the customer can be seen from the burst of typical case has not been reasonable solution,for the customer benefit guarantee can be said to be the mature financial markets should be,is an important guarantee of the benign development of the financial markets.This paper analysis this financial cooperation in three main obstacle for customer security,integrated use of case analysis,literature review,comparative analysis and other methods:from the perspective of legal clear customer with the bank set up the trust legal relationship,cut off the connection between the customer and trust companies,clear the position in this financial cooperation bank,reasonable allocation of bank and trust company responsibility;From the system level,the duty of faith in the common law system and discuss the applicable in China,and puts forward how to implement the system of qualified investors and the customers'right to know the information disclosure system.Coordinating the conflicts between regulatory rules,clear regulation on customer moderately sloping attitude;From the perspective of judicial perfect means the most powerful guarantee of interest to the customer,from the "substance over form" of the spirit of the law applied to the combination of financial arbitration and litigation.From the three aspects of trying to establish a complete investigation finance cooperation customer benefit safeguard mechanism. |
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