China’s Intelligent Investment In Legal Risk And Prevention

Robo-advisor is a typical example of intelligent finance promoted by fintech in recent years.Relying on big data and algorithms,it provides investors with personalized portfolio Suggestions based on different investors’ risk tolerance and specific investment needs,and further rebalances the asset allocation.Due to the advantages of low investment threshold,low service rate,high service efficiency,and personalized customization,intelligent investment service has been developing rapidly since it was first launched in the United States in 2008.At present,the development momentum of China’s intelligent investment is very strong,becoming a new market blue sea for all kinds of capital to compete for.As an imported product,intelligent investment needs to face the domestic and foreign differences in the development status of China’s financial market,legal system and environment,and gradually exposed many problems in the process of landing in China,which limits its healthy and sustainable development in China.this paper adopts practice investigation method comparative research method,and other research methods to try to study potential risks and prevention problems of intelligent investment in the development process of China from the legal level.The first chapter is an introduction,which briefly introduces the background and significance of the topic.The second chapter gives an overview of intelligent investment in the context of fintech,and introduces its development,advantages,operation mode,legal definition and legal characteristics at home and abroad,so as to have a preliminary understanding of intelligent investment.The third chapter introduces the basic legal relationship in the process of operation of intelligent investment,and clarifies the rights and obligations of each party in this process.The fourth chapter analyzes the potential legal risks of intelligent investment from four aspects according to the development status of intelligent investment in China: in terms of market access,the prohibition of discretionary account is in conflict with the business model of intelligent investment,the shortage of business license makes the license sublease disorder,and the lack of legal regulation of algorithmic access;In terms of the operator’s obligations and responsibilities,the complexity of the business model makes it unclear to identify the responsibility of the relevant subject,difficult to perform fiduciary duty,insufficient information disclosure and lack of unified standards for the investor suitability system.In terms of investor protection,there are risks of personal information leakage of investors and the unequal status of investors and operators caused by electronic contracts.In terms of supervision,the ambiguity of business boundaries and the cross-border crossing of services lead to legal risks such as regulatory vacuum.The fifth chapter is a reference to the mature risk prevention system of intelligent investment outside the region.In addition to improving the relevant laws and regulations,operators should also establish strict internal control mechanism in the aspects of algorithm review and obligations and responsibilities,and take it as an inspiration to improve the risk prevention system of intelligent investment in China.The laying of the actual situation in our country,chapter 6 from the break smart interest legitimacy obstacles,improve the system of market access,clear operators obligation responsibility,investor protection and other aspects can choose the path of intelligent interest risk prevention,finally by optimizing the regulatory system and means,set up the technology driven supervision idea,give play to the role of industry organization coordination,make its sustained steady development in our country.