目前,在我国银行理财产品还没有形成一个被普遍接受的定义,也没有统一的业务发展与管理模式,在品种、数量快速增长的同时,银行理财业务常常远离“受人之托,代为理财”的代客理财本质。从表面上来看,理财产品的“购买者”将资金委托给商业银行运作,似乎是构成了一个委托代理合同关系,要依据《合同法》的规定来配置双方的权利和义务。由于商业银行理财业务中,银行作为受托人,对外管理资 At present, the bank’s wealth management products in our country have not yet formed a generally accepted definition and there is no unified business development and management model. With the rapid growth in variety and quantity, the bank’s wealth management business is often far away from “ ”Valet financial management essence. On the surface, the “buyer ” of financial products entrusts funds to the operation of commercial banks. It seems that this constitutes an entrusted agency contractual relationship, and the rights and obligations of both parties should be configured in accordance with the provisions of the “Contract Law.” As commercial banks in wealth management business, the bank as a trustee, external management of capital