Legal Issues And Regulatory Responses In The Development Of China's Robo Advisor

Since Robo Advisor entered China in 2015,it has been developing rapidly in the financial technology field.On the one hand,it provides new investment channels for the majority of small and medium investment groups,promotes the prosperity of financial markets,But on the other hand,as a new type of investment mode,the qualitative and legal relationship is not yet clear,if you want to promote the healthy development of Robo Advisor from the perspective of legal and institutional protection,not only should you start from the legal level,but the regulatory level must not be relaxed.Taking into account the current status of the development of Robo Advisor,First of all,China must formulate clear regulations and revise the relevant provisions of the "Securities Law," making Robo Advisor have a clear legal basis in the development process.Second,it is necessary to improve the legitimacy of operators' business entities and improve the rules,conditions and operating methods for applying for licenses.Finally,from the developed countries headed by the United States,they learned their legal norms and supervisory experience in Robo Advisor and built an appropriate regulatory framework based on China's actual conditions.This article will elaborate five aspects of the legal aspects of the development of Robo Advisor advising in our country and how to constantly improve the Robo Advisor advice from the perspective of law and regulation.Based on traditionalinvestment advisors,we will introduce the advantages of emerging Robo Advisor in the context of China's financial innovation and the current state of development in the current legal context.Then,from different perspectives explain The legal problems what encountered during the development of Robo Advisor,such as the legitimacy of the business entity,the acquisition of the license system,the influence of the ambiguity of the business boundary on the separation regulation,etc.In addition to improving the development of Robo Advisor from a legal point of view,it is very important to conduct effective supervision.In the third chapter,we discuss the current regulatory measures in our country from the current regulatory status and difficulties in our country.From a legal point of view or from a regulatory point of view,due to the lack of domestic experience,the regulatory experience of the United States,Britain and Australia in the world is relatively mature and worth learning from;In response to the above legal issues,we not only need to solve the problem of the legitimacy of the main body of the business of Robo Advisor,but also effectively solve the problem of market access,This poses a challenge to Article 171 of the Securities Law.How to modify and improve the problems existing in the development process of intelligent investment and care is particularly important for the healthy development of Robo Advisor in China.The "red flag rule" and "safe haven rule" can help us clarify the main responsibility,and the "Tort Liability Law" can help We find rules and regulations so that we can provide a more comprehensive legal protection and supervision rules system for Robo Advisor.