| Content abstract:With the rapid development of the entrust financing business which The Banks carry out, financial products especially structured financial products emerge in endlessly in a monopoly position in the entrust financing business of commercial bank, will enjoy the right of contract to develop and use of format terms to evade their own risk, limit the the right to know in advance、the right of the benefit the right of investors to get their money back.At the same time the bank financial products introduce crude to understand exaggerate problems such as low yield risk warning and even product design defects, commercial Banks in the process of financial business always adhere to the buyer.Pay attention to in the legislation in our country administrative responsibility, and ignore the civil responsibility, pay attention to administrative responsibility, to protect the rights and interests of investors, and judicial review only if both sides fulfilled that stipulated in the contract, the content of the monopoly advantage of bank, have full written material, make the rights and interests of investors are hard to maintain.In the event of dispute, investors are losing due to difficulty of proof perfect commercial bank financial investor rights and interests in the contract is about to draw lessons from the experience of other countries, from the legislation on the macro and micro legislation perfect legislation, formulate the law to protect rights and interests of investors, to protect investors every rights, judicial department to improve the format contract.This article is divided into five parts:The first part:The analysis of the commercial bank to entrust financial rights of investors in the contract scope, will entrust commercial Banks financial management classification, analysis of different types of entrust financial rights of investors in the contract scope.Concrete has the beneficial right of the major issues of the recall right foreclosure right to know in advance the contract supervision decisions and rights such as privacy protection. The second part:Analysis of business entrusted the necessity of financial investors rights protection in the contract, by commercial Banks in entrusting contract legal analysis, the protection of the rights and interests of investors to provide legal support for the investors rights protection.And use financial analysis of commercial bank contract violation of the major issues of the investors’right to know the decision rights, provide the reality basis for the improvement of the investors rights protection.The third part:Analysis of our country law of commercial Banks entrust financial investors rights protection status in the contract.At present, China’s legislative level is low, for investors not enough protection of rights and civil liability issues of commercial bank regulation problems such as imperfect highlight justice is due to our country’s lawsuit pattern for examination and approval according to the distribution of burden of proof is unfair and high cost of lawsuit reasons cannot be very good protection of the rights of investors.The fourth part:The introduction of foreign commercial Banks entrust financial regulations for protection of investors in the contract legislation and judicial protection is introduced, the related system to perfect our country commercial bank commissioned to provide experience for financial management system of protection of the rights and interests of investors in the contract.The fifth part:Through using the experience of foreign legislation and judicial protection, combined with our existing legislation and judicial of the present situation of the protection of the rights and interests of investors, to improve the rights and interests of investors from the legislative and judicial.Legislation will be through the micro and macro legislation to strengthen the protection of investors, perfect judicial litigation mechanism, introducing the punishment mechanism and perfect the tort subject scope. |
PDF Full Text Request