Difficulties in the Legal Application of Financial Institutions'Suitabili-ty Obligations and Path Choices
In recent years,the appropriateness obligation of financial institutions aiming at the protection of cus-tomers'rights and interests has begun to emphasize its civil remedial function,and the Supreme People's Court has pro-vided a series of valuable trial guidance in this regard,but there are still three aspects of the difficult problem that need to be further explored.First,in dealing with the relationship between the appropriate match and the informative state-ment,it is appropriate to focus on examining the two separately in order to seek more appropriate remedies.Second,on the issue of the boundary scope of the concept of the subject,it should not be limited to the external image of finan-cial consumers,but should be judged in a comprehensive manner in accordance with the law.Third,on the question of choosing a path of civil liability,the relief provided by general torts is more appropriate.In the face of the above diffi-culties,judicial practice in solving the problem should hold on to the sword"in accordance with the law",learn from the experience of representative cases,and specifically analyze specific problems.Looking to the future,the improve-ment of the appropriateness obligation should take the enactment of the Financial Stability Law and the establishment of the State Financial Supervision and Administration Bureau as an opportunity to strengthen the synergy between legisla-tion,justice and supervision.
obligation of proprietyfinancial consumerprotection of customers'rights and interestsinform-ing and explainingtort liabilityFinancial Stability Law
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