Research On The Bank's Liability In Personal Financial Service

In recent years, the bank personal financial business developed rapidly, but it shows the characteristics of high quantity and low quality. Unreasonable financial products design, non-standard sales and other reasons, which all lead to frequent financial disputes and continuous complaints. Although regulatory authorities have set up appropriate rules and information disclosure norms,but the administrative regulatory nature of these rules and the lack of civil liability,have already shown it was still insufficient to conduct bank business behavior and protect the interests of customers. Subject to the lack of an independent right in private law remedies and the "caveat emptor" judicial status, many buyers cannot get effective relief after they were damaged. So it is necessary to re-examine the obligations of banks in personal financial services to customers, and give the buyer more sense of protection and promote the healthy development of the personal financial services market through the inclined bank obligations configuration.Besides the introduction and conclusion, this paper consists of four parts:The first part introduces the current situation of personal financial services and the existing problems. Analyzing from the present conditions of legal obligation of the bank and the customer from the aspect of law and practice, first of all, it points out lack of feasible standards of the existing bank obligation rules. It not only can not help standardize bank financial business operation, but also let the buyer take more duty of care. Secondly, according to introduce the present situation of the court in dealing with financial disputes, such as "caveat emptor", the form of review, and the application of traditional civil law, those all point out that the court do substantive investigation with the obligation between buyers and sellers. Based on the analysis of justice status, law status and bank business practice status, we finally obtain the customers obligations in personal financial business is overweight.The second part mainly analyzes the necessity of the bank's obligation in personal finance business. This part is discussed from four aspects: At first, from the perspective of the bank's personal financial products, it is pointed out that it has the characteristics of complexity and specialization. Secondly, taking the buyer's financial ability as the angle of view, it is pointed out that both the financial knowledge and financial experience, the buyer has a serious shortage. Thirdly, taking the bank's business practice as the angle of view, it is pointed out that bank in personal financial business in the widespread violations is a lack of the interests to customers; At last, from the international trend of investor protection perspective, it is pointed out that given financial institutions more obligations to protect the interests of investors, has become the choice of most countries. Based on the above reasons, it is necessary to set up inclined obligations for the bank in the personal financial services.The third part mainly focus on the reconstruction of the bank obligations in the personal financial services.First of all, the article pointed out that banks should assume three obligations to customers in personal financial services, which are appropriate obligations, disclosure obligations and fiduciary obligations. Secondly the article describes the concept of duty-- Analysis of the obligation theory-- an introduction to compulsory content--obligations applicable framework of order construction, In order to complete the theoretical construction of obligations to the bank.The fourth part is to perfect the system of bank obligations. First of all, try to improve the suitability obligation system, including the establishment of appropriate duty assessment standards and dynamic customer classification system. Secondly, we have to improve the information disclosure system, including the establishment of information disclosure principle standard and standardization of information disclosure mode, focusing on disclosure of conflicts of interest. Thirdly, establishing fiduciary duty system and introducing fiduciary duty in the finance field, then to construct applicable standards and framework for it. Finally, to establish a civil liability system for breach of obligations to the bank.