The Empirical Analysis Of Financial Custom In Judicial Practice

Nowadays the financial services market develops rapidly, and the all kinds of newsituation keep emerging. The financial services market is developing much more custom thanthe legislator to meet the needs of the market. Financial custom is especially needed in casesinvolving the blank space in contract and the laws, and formal contract. Therefore, it isnecessary to study the financial and commercial cases in judicial practice, and identifyproblems and propose improvement ideas. This article discusses the various segments of thefinancial services market and the differences in custom, the need for the various segments ofthe industry characteristics horizontal comparison, accurately analyze the characteristics ofthe financial services market in various fields.From the perspective of differences of the market, the higher standardized and moremature the industry is, the more narrow the space of application of custom is, because thepresence of these standardized processes crowding the birth and development of financialcustom. Conversely, a number of subjects involved in the financial sector, a wide range ofgeographical span, the greater the industry ’s demand for commercial habits, moreaccustomed to the vast growth of the financial and commercial space in the field.From the specific application of occasions, both sides on the larger format contractdisputes, financial and commercial habits of the greater possibility exists. In addition, thecontract and the law blank blank occasions, but also nurtured the growth of the financialcustom.The applications of commercial habits in first instance cases and second instance cases,the proportion of commercial showed the same character. Whether it applies or not, thenumber of cases of first instance reflects no direct and significant impact. Both the courts andthe litigating parties could become the subject starting the commercial custom applicableprocedures, but the people’s court only start the procedures in a few cases. After starting theprocedure, financial habits need to go through the process of verification and validationbefore they are authorized the effectiveness of the judiciary. However, the presence of a faultand the needs of the protection of financial consumers, would make the judiciary seriouslyconsider limiting of the application of the financial custom.In order to promote the development of the financial services market and the orderly operation of financial service providers, financial subjects are responsible for the correctlyapplication of commercial habits, financial services offerer and financial consumer shouldfocus on the evidence procedures. Financial associations should actively play its functions toregularly collect and compile an inventory of the industry ’s financial and commercialpractices. In addition, the judiciary should adhere to prudent stance, do not abuse custom andshow proper respect to the custom; legislature need to pay close attention to developments inthe financial services market in order to ensure to meet the demand of the market; mediashould not kidnap habits by the ethics.