The Proposal On Completing The System Of Asset Management Of Bank

The remarkable achievement has been gained by China through twenty-eight years reform and the ratios which have important effect on living standard, quality and personal wealth such as GDP, average income of people and resident savings have been hugely increased. The basic living quality has been guaranteed meanwhile people start to concern how to keep the value of the assets and increase such value as well. As an economic requirement, the asset management has been concerned more and more. Various financial institutions have came out their own asset management plans. For more than two years, the business of asset management developed by the commercial banks have been improved and innovated remarkably, conforming to the fully open situation of the financial market in China entry into WTO. However, the active market of asset management has also created some problems urgently to be resolved. The most remarkable problem is the uncompleted legal system in China. For instance the law being enforced has not defined clearly on the legal nature of the asset management carried out by the commercial banks; the effect of the floor clauses generally existing in the practice has not been identified; lack of the supervision on the asset management business; lack of efficient system protection on the clients'interests; unfair competition existing in the asset management between the banks and other financial institutions etc.There are big discrepancy on legal nature of the asset management existing in the academic community, such as deeming the relationship of the asset management as the"cooperation relationship""illegal loan"...