金融机构违反适当性义务的民事责任-法律学专业论文.docxVIP

异化金融机构的法律责任及行为规范，包括适当性义务在内。 第四部分结合我国司法实践的相关案例，发现我国法院在审理因适当性引起的金 融机构与投资者的纠纷时，存在以下几个问题：法院缺乏对裁判依据的主要发现，以致 于对纠纷简单裁判或拒绝裁判；法院普遍奉行买者自负原则，使投资者很难胜诉从而获 得救济；法院未认识到当事人之间合意的虚化性，对投资者意思表示的认定违背实质公 平。 关键词：适当性义务；民事责任；诚信原则；适当性标准 Abstract Abstract The legal liability on violating suitability statues existing as regulatory law is mere administrative penalties, which shows the weakness on constraining financial institutions’ behaviors and investor protection. For investors，the civil relief is the best guarantee. To put the function on protecting investor of suitability system into effect，it is necessary to require financial institutions to undertake the civil liability on violating the suitability obligation。 Compared with the expectation on legislation to confer investors the private right of action，it is more desirable for investors to find the statues by law interpretation，according to which they could provoke a civil claim。The legislative and judicial practice of other countries which have the same pattern as our country enlightens us ：the law to regulate the dispute of suitability between investors and financial institutions exists in our legal system，but we need to find it。Nowadays，to ascertain the civil liability of financial institutions on violating the suitability obligation is an issue of judgment than legislation. In addition to the introduction of this article，the text is divided into four parts, The first part analyses the civil property of financial institutions’ suitability obligation from two different paths ，in order to find the law according to which investors could provoke a civil claim against financial institutions。First, on the understanding that the relationship between the public law and civil law is a dynamic connection，by identifying suitability statues which is public law as the law for protection，converts the obligation in public law into civil obligation。Second，by comparing the legal connotation of the suitability theories with the principle of good faith,