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Legal Risk Research Of Robo-Advisor Investment Consultants In China

Posted on:2020-05-30Degree:MasterType:Thesis
Country:ChinaCandidate:M YinFull Text:PDF
GTID:2416330596478261Subject:Law
Abstract/Summary:PDF Full Text Request
Robo-Advisor is a product of high integration of finance,big data,artificial intelligence and other technologies.Due to its low cost and high efficiency,it has attracted a large amount of capital since it was launched in the United States only ten years ago.Although China's Robo-Advisor started late,but the current development momentum is strong,the market has a lot of Robo-Advisor platform.It is worth paying attention to that,as a new thing,Robo-Advisor has relatively high legal risks in terms of access threshold,subject responsibility,investment adviser's fiduciary duty,carte Blanche transaction and other aspects due to the lag of law,which challenges the existing regulatory system.Through the analysis of the intelligent vote on platform,combined with the specific internal legal relations,and use for reference the experience of the United States,Britain,mature regulation,on the basis of the regulatory system reform,regulation innovation as the breakthrough point,establish and improve the market access system,clear the faith obligations of Robo-Advisor,in order to realize the intelligent of legal risk regulation.This paper discusses the legal risk regulation of intelligent investors from four aspects.Firstly,this paper introduces the definition of intelligent investment in the regulatory structure of the United States and Australia,and elaborates on the definition,legal features and advantages of intelligent investment in combination with the relevant provisions of China,and presents the current development status of intelligent investment at home and abroad.Secondly,based on the operation mode of the Clipperadvisor,the contract,entrustment,intermediary,supervision and other legal relationships among investors,operating platforms,third-party institutions and regulators are analyzed.Then through the legal relationship analysis of China's intelligent investment legal risks,including market access,subject identification,electronic contract carrier,information disclosure and industry supervision.In view of the aforementioned legal risks,combined with the regulatory experience of the UK and the us,we need to proceed from promoting the realization of carte Blanche,clarifying fiduciary duty and experimenting with the "regulatory sandbox" model to achieve a balance between regulation and innovation.
Keywords/Search Tags:Robo-Advisor, Legal relationship, Fully authorize, Fiduciary duty, Regulation, innovation
PDF Full Text Request
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