To protect the legitimate rights and interests of specific individuals or a specific range of individuals who have transactions or trust relationship with a financial institution,there is a new trend of shifting the content of behavioral supervi-sion from on-site inspections to a more complete transactional process-oriented regulation.Essentially,it stems from the choice of entry point for behavioral supervision to directly intervene in the financial transaction relationships and limit the irre-sponsible behavior of financial institutions.Under the guidance of the logic of"right-duty-liability"of general private law,complete and declarative,referential special private law liability responds to the special obligations set by behavioral supervision norms,changing the situation that the realization of the purpose of the norms of conduct regulation only relies on public law.However,the existing special private law liability norms set up the type of responsibility,and liability composition,can not a-dapt to the innovative financial product design and development,marketing and publicity,sales contracting,follow-up,and other transactions of different aspects of the multi-subjects of the business practice,and the creation of the special obligations accordingly,with obvious fragmentation,general and incoherent characteristics.The systematic repair of the defects of the ex-isting norms of special private law liability not only requires the completion of the optimization design of the statutory type of unreal joint and several liability based on the synergistic sharing of the obligations of the different subjects involved in the same financial transaction but also requires the consolidation of the pivotal position of the intermediary norms of special private law li-ability,as well as the performance of the function of loopholes filling of the norms of general private law liability.
Financial TransactionsConduct Regulation NormsPrivate Law LiabilityStatutory Type of Untrue Joint and Several LiabilityLoophole Filling
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