Research On The Regulatory Legal Issues Of Asset Management Business Of China's Commercial Banks

The predecessor of China's commercial bank asset management business is the development of bank wealth management business for more than ten years.There are many problems in the development of bank wealth management business,and the regulatory authorities have been actively introducing regulatory rules that are specific to relevant issues.2018 is the first year of commercial bank asset management business.The supervisory authority has enacted systematic regulatory rules based on the successful supervision experience of bank wealth management business before,and extended its application to securities,insurance,funds and financial assets.Manage asset management products issued by the company and its subsidiaries,and conduct unified and full-scale supervision of asset management products issued by financial institutions.The "New Asset Management Regulations" and "New Financial Management Regulations" promulgated in 2018 solved the financial risks of the previous bank wealth management business,such as unclear risks,unclear responsibilities,"hidden guarantees" and "rigid redemption".There are some remaining problems of supervision that hinder the further development of the asset management business of commercial banks.The research on the evolution of the asset management business of China's commercial banks and its legal issues will help to improve China's financial regulatory system and facilitate the institutional supply of asset management business.This paper mainly uses normative analysis and historical analysis to study the regulatory legal issues of China's commercial bank asset management business,and concludes that the current regulatory rules have lower legal effectiveness levels and the coordination between the various rules is not perfect;different financial asset management products issued by the institution apply different regulatory rules and the regulatory arbitrage frequently occurs;the “penetration” supervision implementation rules are absent,the rules for the identification of standardized credit assets and the conclusion that the investor rights protection system is absent.Therefore,this paper proposes to improve the legal effectiveness level of the regulatory rules;improve the regulatory coordination mechanism for the establishment of commercial bank asset management business;refine the implementation rules of the “penetrating” supervision system;and actively promote the formulation of standardized creditor assets identification rules;We will improve the implementation of the financial consumer and investor rights synergy guarantee system to promote the supply of the regulatory system and the healthy development of China's commercial bank asset management business.