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Commercial Bank of China Legal Issues of Personal Finance Products

Author: WangBin
Tutor: TangBo
School: East China University of Political Science
Course: Legal
Keywords: The personal financial products Commercial banks Legal nature Legal risk
CLC: F832.2
Type: Master's thesis
Year: 2011
Downloads: 381
Quote: 2
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Abstract


Since reforming and open up, China’s sustained rapid growth for the great increase income, commercial banks have also launched a timely personal finance product, and personal finance market has been rapid development. Especially in recent years, in financial market investor enthusiasm, financial innovation of the commercial banks on personal finance products is also accelerating, the personal finance market in China has emerged as thriving. But behind the boom there are many legal issues which have not settled down. The emergence of these legal issues are not unrelated the particularity and complexity of personal finance products, but the chaos of legislation in the field of personal finance market, the immature of the theory of personal finance products, and weak awareness of risk prevention is the root of the problem. From the macro point of view, these legal issues are not conducive to sustained and healthy development of our personal financial product, thereby affecting the stability of our financial markets and internationalization. From the microscopic point of view, this will give personal financial product trading parties the right to face more legal uncertainty, which not only increases the possibility of disputes and controversies, but also increase transaction costs, and thus dampen trader active transactions. This article, from the Legal Perspective, tries to figure out a variety of legal issue of personal financial products, trying to determine the legal nature of personal financial products, and then analyzes the practice of personal financial products, parties to the transaction may face legal risks and have made on the relevant subjects targeted practical response. The main structure and contents are:The first part introduce starting and developing of personal finance products and then describes the theoretical circle of personal financial products category, with a view to a comprehensive understanding of personal financial products, product mix, specifically the original intention of commercial banks to design personal financial product, and then base it to position personal financial product clearly and explicitly.The second part of commercial banks for the legal nature of personal financial products, positioning the chaotic situation, put forward the legal nature of their need for precisely defined. Then introduced the definition of the nature of personal financial products, the two main theories of legal argument and the argument, and then based on existing laws, regulations and laws, and personal finance products with the actual operation process of the commission were rejected on the conclusion that personal wealth management products .The product should trust the conclusions.The third part of the development of products for the personal financial status and trends, and describes the legal risks of its existence the characteristics and causes of risk and personal finance products, respectively, the existing potential participants made the analysis of legal risks.Then the legal risk faced by parties to the transaction, respectively, individual investors and commercial banks to the face legal risks associated with countermeasures to be taken for personal finance products will minimize the risk of further legal guarantee personal finance market, commercial banks, healthy and rapid development.

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CLC: > Economic > Fiscal, monetary > Finance, banking > China's financial,banking > Banking system and business
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