Case Study Of Private Entrusted Financial Management

While privately entrusted wealth management has broad space for development and growth,it is also accompanied by high capital and legal risks.Due to the lack of unified opinions of type and standardization,courts in different regions have different judgments on the same or similar cases.In terms of fact determination,the confusion between private lending and private entrusted financial management,the validity of private entrusted financial management contracts,and the validity of the guaranteed clauses all lack a unified understanding of type or standardization.In terms of application of the law,the Supreme People 's Court and the Supreme People 's Procuratorate have provided relevant judicial interpretations for the regulation of private entrusted financial management from the perspective of unifying judicial judgments and cracking down on private financing activities.Typed,but also lack of standardized treatment opinions.Judging from the law of development and change of things,new investment forms are emerging one after another,and judicial judges should also look at private entrusted financial management cases from a development perspective,give full play to their discretion,and correctly understand and apply laws and judicial interpretations.This article starts from the case itself and uses a combination of empirical research and theoretical research to study many issues of private financial management.In private trust financing cases,some cases can refer to private loan and personal trust systems for judicial trials.In view of the trial status of "different judgments in the same case" in various regional courts,the author believes that a unified measurement standard can be suggested.When the court determines the validity of the entrusted financial management contract and the validity of the guaranteed clause,it should comprehensively consider the party's subject status,financial management capabilities,subjective faults of the entrusted financial management contract subject,the entrusted financial management contract's agreed revenue distribution method and ratio,and the capital loss responsibility sharing method factor.Intelligent investment advisor is a new type of entrusted financial management that uses artificial intelligence to realize investment income.The author compares this new type of entrusted financial management with traditional entrusted financial management.For a platform that has not obtained a financial license but has a legal operating right,the act of providing entrusted financial management services should be included in the scope of adjustment of the private entrusted financial management legal relationship.Due to the special nature of the intelligent investment advisory service,the principle of inversion of the burden of proof should be introduced in judicial practice to ensure the fairness of litigation between the parties.