智能投顾的法律风险及应对

Legal Risks and Countermeasures of Intelligent Investment Advisors

摘要: 因智能投顾成本较低且更为便携，传统金融机构纷纷开展智能投顾业务。发展前景广阔，结合实践经验探求如何应对智能投顾的法律风险具有重要意义。然而智能投顾的变革给传统的金融监管模式带来冲击，算法自身存在技术性风险，且算法“黑箱”的存在使得利益冲突更为隐蔽，难以明确责任承担主体。针对智能投顾在实践中存在的法律风险，应当贯彻公平、透明、适当的原则，通过采取沙盒监管模式，完善信息披露模式，明确责任承担机制。

Abstract: Due to the low cost and portability of intelligent investment consulting, traditional financial institutions have carried out intelligent investment consulting business. It has broad development prospects, and it is of great significance to explore how to deal with the legal risks of intelligent investment consultants in combination with practical experience. However, the change of intelligent investment advisory poses challenges to the traditional financial supervision mode. The algorithm itself has technical risks, and the existence of the algorithm “black box” makes the conflict of interest more hidden, and it is difficult to clarify the subject of responsibility. In view of the legal risks that exist in the practice of intelligent investment consultants, we should implement the principles of fairness, transparency, and appropriateness by adopting the sandbox supervision mode, improving the information disclosure mode and clarifying the responsibility mechanism.