In the field of fintech innovation,the vitality of legal system lies in the recognition,consensus and normalization of financial innovation practice,rather than formatting the need of market and practice for new pattern of transaction with existing systemThe problem of regulation over roboadvisers mainly focus on the discretionary account form of itIt is optional to include it in either investment advice or assets managementIf it is chosen to be part of the investment advisory business,it needs the support of capital market highlevel legislationIf it is chosen to be included in the asset management business,the scheme of discretionary account management must be adopted,rather than the fiduciary assets management schemeThe regulation logic for roboadvisers in the new asset management rules is unclear and confusing,which should be revised and improved