Research On The Criteria For The Validity Of Entrusted Financial Contracts

In recent years,with the rapid development of China's social economy,with the gradual accumulation of private capital and the influx of overseas capital,the entrusted wealth management business has gradually emerged in the market.Due to the increasing complexity and variety of financial wealth management products,and the lack of knowledge related to financial management by ordinary investors,and the existence of some unreasonable legal supervision,this has led to an increase in the number of disputes over entrusted financial management contracts.In the case of entrusted financial disputes,in addition to the disputes concerning the liability principle,the burden of proof and the identification of legal relationships of the entrusted financial disputes,the most controversial issue is the validity of the entrusted financial contract,which is effective for the disputes over the entrusted financial contract.It is believed that there are different viewpoints.Therefore,in the judicial practice,the referee of the disputes in the entrusted financial contract disputes also has problems such as the inconsistency of the referee scale,which deserves our attention and discussion.This paper takes the entrusted financial management contract as the reseaich object,analyzes the general situation of the cases involving entrusted financial disputes,the referee scale in the specific judicial practice,and the reasons for the inconsistency of the referee,and the appearance of the entrusted financial contract in the case of entrusted financial contract disputes.Some questions have been put forward to provide suggestions for handling relevant cases in judicial practice,and to promote the unification of refereeing ideas and refereeing standards.At present,the standard of the effectiveness of the unified entrusted financial management contract is the main problem faced in resolving the disputes involving entrusted financial management contracts.When the entrusted financial management fails,the core of the litigation of the entrusting party and the entrusted party is how to determine the effectiveness of the entrusted financial management contract..Although China's current civil legal system relatively systematically stipulates entrustment contracts,partnership contracts,trust contracts,guarantee contracts,joint venture contracts,etc.,it still does not fully stipulate the legal provisions applicable to entrusted financial management contracts.thus causing different judges to The different recognition of the effectiveness of the entrusted financial contract has made it difficult for such cases to be served,and has also affected the credibility and authority of the judicial department.Faced with the problem of inconsistency in the validity of judicial practice,the people's court should start from the balance between maintaining freedom of trade and market order,re-examine the validity of the provisions of the guarantee,and respect the meaning of the parties in the legal scope.Through the typed trial ideas,appropriate legal rules are applied to various types of entrusted financial management contracts to better protect the legitimate rights and interests of investors.The full text is divided into four chapters:The content of the first chapter is mainly based on the cases of entrusted financial contract disputes in Shandong Province in recent years(2015-2018),carefully reviewing the trial situation of such cases,so as to understand the class.In the case of the referee,the difference between the judgments of such cases was found,and there was a general grasp of the validity of the guarantee clause in the entrusted financial contract case.On this basis,the current status of the judgment of the entrusted financial contract dispute in judicial practice is summarized and the dilemma of such cases in the referee is found.On the basis of summarizing the case trial in the first chapter,the second chapter sorts out the problems in the first chapter and analyzes the reasons for the problems.Before solving a certain type of problem,we need to understand the nature of the problem.The third one is the basic concept related to the entrusted financial contract,such as the nature and characteristics of the entrusted financial contract,the related legal relationship and the specific legal expression..On the basis of understanding the relevant theories and judicial practice of entrusted financial management contracts,the fourth chapter puts forward relevant suggestions on how to determine the effectiveness of financial management contracts according to the specific problems arising in judicial practice,so as to ensure that the cases of entrusted financial contract disputes can be judged.Unity.