The Supervision Logic And Legal Governance Of The Alienation Of Bank Asset Management

The further development of the financial industry has updated the form and content of financial legal disputes,and also put forward requirements for the measurement of financial law.The market is a factor that promotes regulatory development and reform,and regulatory reform is reflected in the game and balance of market players’ demands.With the effect of residents’ wealth accumulation and the trend of accelerating the development of direct financing,China’s financial system is undergoing structural changes.Asset management industry plays an increasingly important role in the financial system.Bank wealth management is the source and important of the asset management business.The product has driven the development of other financial management industries while developing itself.However,the extensive development model of the asset management industry has gathered financial risks.As a part of shadow banking,bank asset management has undergone various kinds of alienation during the development process.With the continuous adjustment of supervision,the industry is now entering a transition period."When you see a growing force,there is always another attached force that is involved and restricting it." In the alienation and deviation of bank asset management,At present,there is a problem of "one body,two sides" supervision and legal image.The legal design is confused with the perspective of financial supervision,and they mirror and influence each other.Therefore,it is necessary to clarify the concomitant relationship between financial supervision and law,achieve equilibrium in the structural game,and regulate the extensive development of the bank’s asset management industry through a dual approach.This paper adopts research methods such as analogy analysis and empirical research to systematically study the development and supervision of China’s bank asset management industry: First,go out from the industry perspective,sort out the current situation and context of bank asset management development,and improve the bank’s asset management business.The evolution and mode are organized.Re-analyze the concept and framework of bank asset management supervision,and sort out the administrative penalties imposed by regulatory agencies on bank asset management as the basis for writing and reasoning later;second,combining supervisory data to reveal the performance of bank asset management chaos and system alienation Briefly analyze its causes;third,analyze the logic of law and supervision behind the performance of bank asset management chaos and alienation,and understand the game between financial innovation and supervision.Under the existing regulatory framework,while refining the division of supervision and improving the efficiency of supervision,it also increases the difficulty of supervision coordination and strengthens the financial system’s dependence on supervision.It cannot solve the negative externalities brought about by financial supervision competition,but will weaken its system competitiveness.However,at present,bank asset management still has the problem of "one body and two sides" mutual mapping at the legal and regulatory levels: the lack of basic legal relations and supporting systems for bank asset management has caused the legal positioning of bank wealth management to be blurred,which in turn affects the rules of bank trustee obligations,Which hinders the remedy of the protection of investors’ rights and interests at the judicial level,and how should the financial supervision and judicial independence be connected;at the same time,under the situation where the law is not yet qualitative and the supervision level is separated,the regulatory rules have not been unified,resulting in homogeneity Chemical products have different rules,and the information disclosure system has not yet been established.Fourth,learn from the excellent financial supervision and asset management development experience outside the territory,improve the legal protection mechanism for bank asset management,and realize the differentiated supervision and coordinated development of bank asset management under unified supervision.For example,public offering bank wealth management is in line with public offering funds.Supplemented by perfecting industry supervision rules and supervision concepts,clarifying the relationship between supervision and the market,and promoting the integration of judicial and supervision concepts,it can return bank asset management to its roots.