Research On The Legal Regulation Of "Intelligent Investment Adviser"

Intelligent investment consultant is the latest product of China's fintech ecosystem in recent years,which comes into being with the integration of artificial intelligence and financial activities.Under the social environment,intelligent investment consultants are more and more widely accepted and known in practice,playing an increasingly important role in the Internet financial system.However,at the beginning of the development of intelligent investment consultants,there are many problems and defects in the legal regulation of intelligent investment consultants in China,which need to be improved and solved.In 2018,the guidance on regulating the asset management business of financial institutions was promulgated,which for the first time mentioned the qualifications required for intelligent investment advisory business and made some preliminary regulations on it.However,in addition,there is a lack of a more comprehensive and precise legal regulatory system.This paper takes the legal regulation of intelligent investment counsel as the research object,which has profound theoretical value and practical significance.In view of the unclear laws and regulations of intelligent investment advisers,relevant laws and regulations of intelligent investment advisers should be clarified.In view of the imperfect market access mechanism of intelligent investment advisers,the excessively strict prohibitions on carte Blanche,and the conflict of license management regulations,we should improve the rules of carte Blanche,appropriately relax the licensing qualifications of eligible subjects,and clarify the subjects of the market access system.For intelligent investment adviser running regulatory difficulties,namely,imperfect regulatory means,inadequate disclosure of information,investors appropriate assessment,a problem such as shall establish transmission supervision idea,promote innovation type regulation,promote technological means of regulation,technical regulation algorithm model can be built and put on record system,refining intelligent investment advisory information disclosure rules,strictly abide bythe principle of appropriateness investors;To solve the problem of imperfect legal regulation of fiduciary duty of intelligent investment advisers,the construction of fiduciary duty of intelligent investment advisers should be improved.Through the in-depth study and analysis of legal risks of intelligent investment advisers,it is helpful to strengthen the legal regulation of intelligent investment advisers,standardize the operation of intelligent investment advisers,accelerate the improvement of the legal supervision path of intelligent investment advisers,and then give play to the functions of intelligent investment advisers.