Research On The Legal Regulation Of Robo-Advisory From The Perspective Of Penetrating Supervision

In recent years,as a new product of the combination of finance and Internet,intelligent investment has been sought after by investors.Compared with traditional investment,it has the advantages of less investment,lower service rate,more intuitive process,more accurate algorithm and more objective results.In essence,although smart investment is not divorced from the legal relationship of traditional investment,the application of big data algorithm makes it difficult for the existing regulatory system to effectively solve many existing problems of smart investment.For example,the current law is not perfect for smart investment,the market access system is flawed,the discretionary power is prohibited,the supervision system is imperfect,the legal liability system is unclear and the algorithm lacks effective supervision.In order to better promote the development of intelligent investment,this thesis will analyze the difficulties existing in the development of intelligent investment in China from the perspective of economic law,and refer to the supervision experience of intelligent investment in Britain and the United States,and put forward solutions to the problems existing in intelligent investment.This thesis will discuss the problems existing in penetrating supervision of intelligent investment from five parts:The first part is the introduction,which briefly describes the background of the topic,the significance of the research,and the theoretical research,legal status,development trend,research methods and innovations of penetrating supervision of intelligent investment at home and abroad.The second part first defines the concept of penetrating supervision of intelligent investment,then analyzes the legal relationship involved in intelligent investment,and then analyzes the problems existing in traditional supervision methods,so as to get the necessity of penetrating supervision of intelligent investment.The third part analyzes the difficulties existing in the development of intelligent investment in China at present,and finds out the problems existing in the supervision process of intelligent investment.For example,the current law is not perfect for intelligent investment,the market access system is flawed,the carte blanche is prohibited,the supervision system is imperfect,the legal liability system is unclear and the algorithm lacks effective supervision.The fourth part is the experience and reference of overseas intelligent investment supervision.This thesis mainly combs the supervision experience of smart investment in Britain,America,Australia and other countries,and provides enlightenment for the feasible scheme of legal regulation of smart investment in China.The fifth part puts forward some suggestions and countermeasures for penetrating supervision of smart investment in China.Firstly,it improves the penetrating supervision laws and regulations system of smart investment,formulates different market access conditions for different financial entities,and endows discretionary business with "legitimacy".Secondly,establish and optimize the supervision mode,set up supervision institutions and strengthen the construction of supervision system;Strengthen the legal responsibility system of intelligent investment,clarify the subject of responsibility and the principle of imputation,and establish a multi-level accountability mechanism;Finally,the intelligent investment algorithm should be thoroughly supervised,such as establishing internal management system to make up for the internal defects of the algorithm,strengthening the application of algorithm supervision technology,and strengthening the algorithm disclosure business of operating institutions.