Research On The Legal System Of Bank Wealth Management Products Pledge

In September 2018,the Banking Regulatory Commission issued the "Measures for the Supervision and Management of Commercial Banks' Financial Management Business"(hereinafter referred to as the "Measures"),which further regulated the relevant contents of the bank's wealth management business.The "Measures" pointed out that commercial banks can use financial products to carry out inter bank financing business,but should strengthen the management of risks in the financing process.The property quality loan is one of the ways of financing.As a new type of credit business,it has been sought after by investors.The business has also innovated the type of banking business while meeting the client's funding needs,and has maximized the value of wealth management products.However,at the legal level,the legal norms of the bank's property quality pledge are blank.As a new type of guarantee,the quality of property is subject to its own particularity,and it is of great significance to improve the relevant system.In China's existing regulations,there is no legal basis for pledge with bank wealth management products.But practice precedes legislation,and the business has been widely implemented in the market.The disconnect between legislation and practice has caused banks to face some legal problems in property quality.The main manifestations are: the lack of legal norms in the bank's property quality pledge,the unclear publicity method,the inconsistency in the validity of the judicial trial,the unsatisfactory realization of the pledge,and the lack of risk prevention mechanisms for the property quality.Based on the legal environment of our country,it is necessary to conduct an in-depth study on the legality,legal nature,establishment conditions and publicity methods of bank property property from the theoretical point of view.Combined with the actual reality,the research and analysis believes that: the bank should be regulated in terms of property quality,determine its legal status and conditions for establishment,and formulate specific pledge procedures for it;unify the criteria for determining the effectiveness of property pledge,and apply the principle of legal easing of property rights to identify wealth management products.The effectiveness of the pledge,clarify its referee standards,under the existing legal norms,use the analogy applicable method to clarify the law applicable to the bank's property quality;after granting its legal status,improve the pledge publicity system,and clearly define the property quality pledge registration principle To determine the People's Bank of China as its registration authority;to optimize the realization path of the bank's property quality,to ensure the realization of the pledge,to clarify the conditions,methods and implementation principles of its pledge;to prevent the risk of bank property quality,the pledge should be improved The risk prevention mechanism establishes a net profit tracking system and a forced liquidation system,and improves the information disclosure system to ensure that the risk of its existence is within the controllable range of the law.