| The suitability obligation of financial institutions is of great significance to maintaining the stability of financial market order and protecting relatively vulnerable financial consumers.Since the emergence of suitability obligation disputes in 2015,cases related to suitability obligation disputes have increased exponentially.However,the scope of application of the suitability obligation and the criteria for adjudication have not been finalized.Although “national work conference on court in civil and commercial trial summary” and the following legislative documents have responded to the theoretical basis and application of the suitability obligation,there is no clear standard for the handling of specific disputes,and judges still have a degree of discretion.Problems such as unclear definitions of the suitability obligation,vague scope of application,and disputes over the liability have been exposed in the course of judicial practice.Therefore,this paper selects the legal issues exposed during the application of the suitability obligation as the research object.Through a comparative analysis of theoretical researches and judicial practice precedents,this paper takes the responsibility of financial institutions’ suitability obligation as the main line,to analyze and solve problems as the guidance,demonstrating the legal issues of the suitability obligation,and uses this to clarify the connotation and extension of the suitability obligation of financial institutions,clarify the liability of suitability obligation,and put forward corresponding suggestions for the problems and deficiencies of current regulations.The first chapter sorts out the development context of suitability obligation in my country,discusses the concept and theoretical basis of the suitability obligation of financial institutions,summarizes the existing problems.This paper takes the suitability obligation in the field of private law as the research object,and studies the problems in the application process,such as the unclear definition,the vague scope of application,and the disputed liability assumption.Taking the principle of good faith as its theoretical basis to conduct follow-up research.The second chapter sorts out the content of the suitability obligation of financ ial institutions,clarifies the general requirements of the suitability obligation,financial institutions make appropriate sales on the basis of a complete review of customers and products,and on this basis clarifies the boundary of the suitability obligation through the comparison of the suitability obligation and the similar obligation.The third chapter summarizes the typical cases,analyzes the elements in cases that may affect the standard of suitability obligation,and e x p l o r es t h e i n fl u en c e an d s co p e o f d i ff er en t e l em en t s o n t h e standard in a cross-comparison manner.Financial institutions should conduct substantive examination of consumers and adopt a more prudent attitude towards special groups.The degree of trust of financial consumers is an important factor affecting the standard of obligation performance.The fourth chapter analyzes the scope of the subject of the suitability obligation,the nature and form of the liability with the actual cases.Institutions that only engage in brokerage and investment consulting businesses do not assume appropriateness obligations.Individuals can be the subject of responsibility.The issuer and sales agency of financial products bear joint and several liability.It is hoped that the after-the-fact damage compensation system will be improved to compensate for the financial consumers’ damages in the investment process due to the breach of suitability obligation by financial institutions.Finally,this paper summarizes the problems discussed above.In view of the current situation that it is difficult to find a clear judgment standard in the application of the suitability obligation,and the situation that the same case is different from the judgment sometimes occurs,clarifying standards,which has meaning to protect the virtuous circle of financial markets.In order to improve the dispute resolution mechanism of the suitability obligation system,improve the efficiency of dispute resolution and the satisfaction of both parties,and reduce the burden of litigation,more dispute resolution channels are necessary. |
