编者按: 作为一种新型资产管理活动,委托理财业务近几年在我国资本市场得到了飞速的发展,因其投资灵活、收益较高而备受投资者的青睐。为了规范委托理财,证监会和中国人民银行相继出台了一些委托资产管理业务方面的通知和暂行办法,但是这些规定只是限于对证券公司从事委托理财行为的监管,没有涉及其他更多市场主体的受托理财业务,因此,并不能适应现实的需要。委托理财行为的广泛发生和立法的滞后必然导致委托理财纠纷的大量出现。由于委托理财纠纷涉及的法律关系较为复杂,涉案金额巨大、社会影响面广,目前我国又没有规范委托理财行为的法律,现行的合同法对委托理财合同也没有规定,相关司法解释尚未出台,导致委托理财纠纷案件在法律适用上面临诸多疑难问题,这在一定程度上影响了该类案件裁判标准的统一性。本期刊登三个委托理财纠纷案例,以期对解决类似纠纷有所裨益,为完善立法提供参考。 Editor’s Note: As a new type of asset management activities, the entrusted wealth management business has enjoyed rapid development in China’s capital market in recent years. It is favored by investors due to its flexible investment and high income. In order to standardize the entrustment of wealth management, the CSRC and the People’s Bank of China have successively promulgated some notices and interim measures for entrusting assets management business. However, these rules are only limited to the supervision of the securities companies engaged in entrustment of financial management and do not involve the trusteeship of other more market entities Money management business, therefore, can not meet the real needs. The widespread occurrence of entrusted wealth management and the lag of legislation will inevitably lead to a large number of trust financing disputes. Due to the complicated legal relationship involved in trust financing disputes, involving a huge amount of money and a wide range of social impact, at present there is no law regulating the trust behavior of wealth management in our country. The current contract law does not stipulate the contract of entrusted wealth management, and the relevant judicial interpretations have not yet been promulgated. Trust cases of financial disputes in the application of the law are facing many difficult problems, which to some extent affected the uniformity of such cases the referee criteria. In this issue, three cases of entrusted financial disputes were published in the hope of helping to resolve similar disputes and providing reference for perfecting the legislation.