Research On The Legal Supervision System Of Asset Management Business

Since the 20 th century,with the increasing differentiation of capital supply and investment decisions,the asset management industry has developed rapidly and has become an important means of wealth management,finance and financial services.However,at the same time,the internal legal relationship of the asset management business is chaotic,the product structure design is complex,and many risks are transmitted and accumulated back and forth in the capital chain of its products,which seriously threatens the legitimate rights and interests of investors and the stability of the asset management market and the entire financial market and development.In addition,China’s current regulatory system is also incompatible with the mixed nature of asset management business,and it is difficult to effectively regulate it.Therefore,it is a great theoretical and practical significance to explore the legal supervision system of asset management business.Through the analysis of literature,normative analysis and comparative analysis,the paper analyzes the development status and supervision and management of the asset management business based on the analysis of its connotation and extension.The paper refers to the supervision mode of major countries outside the domain to improve the legal supervision system of China’s asset management business.Asset management business refers to the financial services that banks,insurance,trust,securities companies and other financial institutions accept the entrustment of individual or institutional investors to manage and operate the financial assets delivered by them,such as cash,stocks,marketable securities or financial derivatives.Based on the mixed operation phenomenon of asset management business,it has cross-disciplinary and inter-departmental regulatory requirements and professional and overall regulatory requirements in terms of supervision.In practice,due to the alienation of the internal legal relationship of asset management,the vague legal nature of asset management products and the core risks in the operation of asset management business,the difficulty of legal supervision of asset management business has risen sharply,the legal system is not perfect and the supervision system is not perfect,which also leads to the difficulty of the effective standardization and management of asset management business.The United States,the United Kingdom,Japan and Singapore have mature practices and experience in the supervision of asset management business.In view of this,we can learn from it and improve the legal supervision system of asset management business in our country at the present stage,combining with the actual situation of our country.Firstly,clarifying that asset management business has the legal nature of trust,and that managers have fiduciary obligations to investors.secondly,on the basis of clarifying its legal nature,we should improve the legal supervision system of asset management business.The concrete manifestation is to perfect the legal system,penetrate the internal risk,perfect the supervision system,take measures from various aspects to effectively standardize the development of asset management business and prevent risks.