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Perfect The Legal System Of Investor Protection Of Intelligent Investment Adviser From The Perspective Of Fiduciary Duty

Posted on:2022-05-27Degree:MasterType:Thesis
Country:ChinaCandidate:K H LiangFull Text:PDF
GTID:2506306350994339Subject:legal
Abstract/Summary:PDF Full Text Request
As a tool to provide financial investment advisory services,intelligent investment consultant is the product of the application of artificial intelligence technology in the financial field.Therefore,it still needs to fulfill its fiduciary duty to protect the rights and interests of investors.However,in the context of intelligent investment,the duty of loyalty and duty of diligence undertaken by the intelligent investment platform should be updated in terms of the specific content.At the same time,compared with the traditional investment adviser,intelligent interest with high efficiency,low cost,intelligent and other significant advantages,but in the process of the development of our country,still faces cast on standards for admittance into industries such as intelligence,fuzzy algorithm review and risk assessment,investors portrait accuracy is not high,insufficient information disclosure and a series of risk,need through the interdisciplinary and multidimensional perspective,with the protection of the investors as the core,to Lutheran obligations to perform as the main line,update the legal system as the breakthrough point,to seek way of reducing the risk of an investment consultant.Based on intelligent thrown on the origin and development of the present situation,the operation mode,main characteristics,elaborates the domestic and international law,from the specific case in judicial practice abroad,put forward the intelligent investment situation,based on the faith obligations related to the legal relationship of investors and the specific risks faced by,induces the risk classification is discussed.The third part elaborates the theoretical essence of fiduciary duty,and gives a new interpretation of fiduciary duty from the perspectives of duty of loyalty and duty of diligence in the context of intelligent care.Then,with the conflict of interest as the core,this paper makes a detailed analysis of the causes of risks from direct and indirect conflicts of interest,which provides a theoretical basis for the following series of solutions to reduce risks.Finally the fourth part,combined with foreign intelligence vote on laws and regulations on protection of investors,currently on the market of smart investors in China are facing the risk of thinking way,breaking the development of industry of our country intelligence interest,can build platform access based on the principal minimum standards and based on the technology of intelligent from the two aspects of algorithm of minimum standards of access,market access to solve the intelligent interest problem;To improve the algorithm review and risk assessment system,strengthen the regulation of algorithm technology;Take the accurate investor portrait as the breakthrough point,reduce the investor’s property loss;At the same time,we should strengthen the supervision on the information disclosure system of intelligent investment banking,and clarify the fiduciary duty of intelligent investment banking platforms.Finally,investors can be protected by issuing investor warning notices,establishing compulsory insurance system,and identifying the invalidation of exemption clauses.At the micro level,the legal rights and interests of every investor are guaranteed to maximize their interests.At the macro level,we will improve the legal system of China’s intelligent investment banking and accelerate China’s intelligent investment banking industry to reach the world’s leading level.
Keywords/Search Tags:Intelligent Investment Consultant, Faith Obligations, Investor Portrait, Information Disclosure
PDF Full Text Request
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