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Academic Journal of Humanities & Social Sciences, 2022, 5(17); doi: 10.25236/AJHSS.2022.051711.

An Empirical Analysis of the Judicial Judgment Path of Investor Suitability Obligation

Author(s)

Dongtao Liang

Corresponding Author:
Dongtao Liang
Affiliation(s)

Macau University of Science and Technology, Macau, China

Abstract

The investor suitability system effectively regulates the violation of the right to know by financial institutions in the financial market and the problems caused by the unequal status of financial Institutions and investors in the investment market. There are problems such as unclear identification. Through the empirical analysis of relevant cases in recent years, this paper believes that the court 's judgment path for suitability duty cases is mainly based on formal review, supplemented by substantive review, combined with the 9th Conference Minutes and New Regulations for Asset Management. Relevant regulations are to be reviewed. Although the overall judgment idea is perfect, it is still necessary to further unify the principles of suitability obligations and improve the identification standards of product risk and investor level. Through the empirical analysis of relevant cases in recent years, this paper argues that nowadays the court 's decision on the adjudication path of appropriateness obligation cases is mainly based on formality examination, supplemented by substantive examination, combined with the 9th Conference Minutes and New Asset Regulation. Although the thinking of adjudication is generally perfect, it is still necessary to further unify the principles of suitability obligations and improve the standards for the determination of product risk and investor level.

Keywords

Suitability Obligation; Financial institution; Referee path

Cite This Paper

Dongtao Liang. An Empirical Analysis of the Judicial Judgment Path of Investor Suitability Obligation. Academic Journal of Humanities & Social Sciences (2022) Vol. 5, Issue 17: 70-75. https://doi.org/10.25236/AJHSS.2022.051711.

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