Sudebnoe primenenie obyazatel'stva sootvetstviya kommercheskih bankov v Kitae: istoricheskie aspekty

Abstract

Commercial banks' suitability obligations are inevitably in dispute in a large number of wealth management product disputes in China. The judicial standards for judging this obligation are still lacking, and the introduction of the Ninth Civil Minutes has not fundamentally solved this problem. This paper presents a detailed review of the legislative context and legal norms of commercial banks' suitability obligations in China and empirically analyzes the judicial application of such obligations from three aspects: the causes of the cases, the case trials before and after the Ninth Civil Minutes, and the main contentious points of the existing cases, revealing the relevant legal obstacles. On this basis, the paper proposes a system improvement plan to optimize the judicial application of this obligation.