As the financial sector's division of labor becomes more refined and specialized,some important issues are increasing such as maintaining trust,avoiding conflicts of interest,and effectively managing customer information.Against this backdrop,the scope of the"fiduciary duty"has been expanding.Soft law plays a significant role in establishing and enforcing"fiduciary duty".Japan has established the"Principles of Customer-Oriented Business Conduct",which set out the suitability rule in a principled-based manner.However,this also leads to a complicated relationship between the suitability rule in soft law and those in hard law,as well as the duty of honesty and fairness.The EU and the US have strengthened the enforcement of suitability rule through hard law.In the future,Japan will continue to delve into achieving the best regulatory effect through the interaction of hard and soft law.
关键词
信义义务/软法与硬法/适当性管理原则/最佳利益原则
Key words
fiduciary duty/soft law and hard law/suitability rule/best interest rule
维普
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