智能投顾的风险分析及法律规制路径
发布时间：2018-12-14 07:14
【摘要】：智能投顾是金融科技的重要组成部分,改变了传统上依靠市场价格信号作为投资决策主要依据的行为方式。目前,我国智能投顾的定性、法律关系尚未明确,整体服务水平良莠不齐。营运者本该遵守适当性义务、透明度规则和信义义务,但现行法律法规难以对营运者形成有效约束。智能投顾在改变金融市场交易行为、投资方式以及投资者理财观念的同时,也由于网络虚拟性、网络黑客攻击、网络证券欺诈、网络内幕交易等问题而给金融安全带来了一系列挑战。为此,应及早将智能投顾纳入监管范围,重视私法规则与证券相关法律法规规范相结合,并就智能投顾的特殊风险对营运者提出更高的义务要求,不断健全配套的争议纠纷解决机制和相应的补偿安排,以促进我国智能投顾业健康发展。
[Abstract]:Intelligent investment is an important part of financial science and technology, which has changed the traditional behavior that relies on market price signal as the main basis for investment decision. At present, the nature of intelligent investment in China, the legal relationship is not clear, the overall level of service is mixed. The operator is supposed to comply with due diligence, transparency rules and fiduciary obligations, but the existing laws and regulations are difficult to effectively bind the operator. While changing the financial market trading behavior, investment methods and investors' financial management concepts, the intelligent investment is also due to the virtual nature of the network, network hacking attacks, and network securities fraud. Network insider trading and other issues have brought a series of challenges to financial security. To this end, intelligent patronage should be brought into the scope of supervision as early as possible, and the combination of private law rules with the relevant laws and regulations of securities should be attached importance to, and higher obligations should be placed on operators with regard to the special risks of intelligent patronage. To promote the healthy development of intelligent investment industry in China, the supporting dispute resolution mechanism and corresponding compensation arrangements are constantly improved.
【作者单位】： 中央财经大学法学院;
【分类号】：D922.28;F832.3
，
本文编号：2378168
[Abstract]:Intelligent investment is an important part of financial science and technology, which has changed the traditional behavior that relies on market price signal as the main basis for investment decision. At present, the nature of intelligent investment in China, the legal relationship is not clear, the overall level of service is mixed. The operator is supposed to comply with due diligence, transparency rules and fiduciary obligations, but the existing laws and regulations are difficult to effectively bind the operator. While changing the financial market trading behavior, investment methods and investors' financial management concepts, the intelligent investment is also due to the virtual nature of the network, network hacking attacks, and network securities fraud. Network insider trading and other issues have brought a series of challenges to financial security. To this end, intelligent patronage should be brought into the scope of supervision as early as possible, and the combination of private law rules with the relevant laws and regulations of securities should be attached importance to, and higher obligations should be placed on operators with regard to the special risks of intelligent patronage. To promote the healthy development of intelligent investment industry in China, the supporting dispute resolution mechanism and corresponding compensation arrangements are constantly improved.
【作者单位】： 中央财经大学法学院;
【分类号】：D922.28;F832.3
，
本文编号：2378168
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