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在我国经济快速发展、国民收入不断提高、理财需求增加的背景下,理财业务开始如火如荼地进行,但同时在金融机构和客户之间引发了各种各样的法律纠纷。尤其是对理财活动属性和法律关系,在学界和实务界引起了广泛争论。另外,理财业务中双方当事人权利和义务不清,理财业务跨业经营的法律空白和交集,保底承诺能否突破,监管机制缺失也是急需解决的问题。在我国金融机构理财业务法规的探索中,需要注意在混业经营趋势下,采取统一立法形式,明确理财业务法律属性,建立防范利益输送机制的相关制度。
With the rapid economic development in our country, rising national incomes and increasing demand for wealth management, the wealth management business started to flourish but at the same time triggered a variety of legal disputes between financial institutions and clients. In particular, the nature of financial management activities and legal relations, in academia and practice has caused widespread controversy. In addition, the rights and obligations of both parties in the wealth management business are unclear, the legal gaps and cross-fertilization of the cross-industry operations of wealth management services, and the failure to ensure the promises to be guaranteed at the end of the year, are also issues that urgently need to be resolved. In the exploration of financial business laws and regulations of financial institutions in our country, we should pay attention to adopting a unified legislative form, clarifying the legal attributes of wealth management business and establishing a system to prevent the transfer of profits under the trend of mixed business.