On The Civil Liability Determination Of Banks In Private Sale Financial Products

In recent years,with the transformation of savings into investment,the types and scale of bank sales wealth management products have developed rapidly,and the cases of bank staff selling private wealth management products frequently occur.The general treatment mode for privately-sold wealth management products is that civil liability is jointly borne by the investor and the real issuer,and the bank clarifies the responsibility after handling the personnel involved in the case.In the judicial practice,most investors request the bank to bear civil liability for the damage based on the behavior of the private sale of wealth management products,but the court usually refers to the private sale of wealth management products,which does not constitute an agent,nor is it a position.The scope of behavior.In only a small number of cases,the court held that there was a causal relationship between the bank's internal supervision and the investor's losses,and therefore the bank was responsible for the corresponding proportion.This paper studies the judicial status of civil disputes in banks in privately-selling wealth management products,and concludes that the court has the following problems in the trial of such cases: the identification of the constituent elements of the agent is aggravated by the investor's duty of care;Narrow;lack of legal basis for poor bank supervision and illegal security obligations.The main cause of the problem is that the interpretation of relevant laws in judicial trials does not consider the particularity of such disputes.This paper analyzes the agency system,the theory of job behavior,the law of bank internal supervision responsibility and the theory of security obligation and the behavior of private sale and wealth management products,and draws the factors that should be considered in the judgment of the bank according to different legal judgments.Under the condition that the behavior of privately-selling wealth management products is similar to the behavior of normal sales of wealth management products,the behavior of privately-selling wealth management products may constitute an agent.In addition to the general appearance factors of job behavior,the behavior of privately-selling wealth management products can be used to determine the behavior of privately-selling wealth management products and their duties in order to perform duties for bank staff in the perspective of a rational third person.As long as the bank does not fulfill its regulatory obligations,it can investigate the bank's faulty civil liability.In the behavior of privately-selling wealth management products,bank staff fraud,encroachment,and misappropriation of funds used by investors to invest in wealth management products may require banks to bear civil liability according to the bank's breach of security obligations,while narrow-seated private wealth management products are in violation of security obligations.Banks are also responsible for the infringement liability constituent elements.Therefore,when the judicial review bank bears civil liability for the consequences of the employee's private sale of wealth management products,it cannot be generalized.It should be through the explanation of the agency,job behavior,security obligations,and bank supervision responsibility laws to achieve a reasonable referee effect.In addition,strengthening the internal control of banks is of great significance for preventing and dealing with the behavior of privately-sold wealth management products and regulating the financial market order.