Repeat With The Referee Theory Of Financial Consumer Rights And Interests Protection Research

With the rapid development of financial market, people gradually realize the importance of disadvantaged financial consumer rights and interests protection. Especially the frequent the regional or global financial crisis, the countries all over the world reach a consensus that common strengthening financial consumers’rights protection is the most important of financial reform.In China, along with the rapid development of the socialist market economy, and the continuously improve of marketization, it is a common phenomenon that the production operators in the pursuit of benefit maximization for the market in the process of infringe upon the rights and interests of consumers. Consumer rights and interests protection problem has been to become a major problem of the social development.In the financial market segments, because the polarization of power and information asymmetry between the financial consumers and financial operators, so it is an increasing phenomenon that the obvious disadvantaged financial consumers’ legal rights is infringed upon and. In addition, there are many shortage of relevant financial consumers’ rights protection in our country, such as the imperfect legal system, the unsound judicial system and so on. This influences the consumer’s enthusiasm the positive development of the financial industry. This paper focuses on the core of the financial consumer protection and mainly discusses from seven chapters in addition to outside the introduction.The first chapter is the introduction, mainly explains the topic meaning, literature review, writing ideas, writing methods and main contribution.The second chapter is the overview of the protection of financial consumers’ rights. From consumer protection movement about, the chapter reviews the social origin and background of financial consumers’ rights and interests protection in China. It points out that the financial consumers’ rights protection is important significance of economic and social which is not only the inherent requirement of the development of the financial industry, and the important factors of financial innovation and healthy development of financial market. Then, the chapter does up our financial consumer legislation and analyzes its characteristics. The first is that basic policy of financial consumers is in some difficult in accordance with the situation. The second is that traditional civil law is difficult to realize inclined protection. The third is that the financial law of the direct provision is sparse and low level. Finally, the chapter summarizes t several performance of infringement with the consumers’rights in China. The first is that financial consumer’s security rights of the person, property and information suffers damages from financial operators in violation of the security obligation suffers. The second is that financial operator violates the consumers’know right. The appropriate sales behavior entices consumers against true meaning. The third is that financial operator encroaches on consumer’s right of fair dealing. The chapter also evaluates the real situation of financial consumer rights and interests in China.The third chapter presents and evaluates financial consumers’ rights protection of foreign countries and organizations so as to provide the beneficial reference to Chinese financial consumers’ rights. The chapter introduces the mainly legislative content of financial consumer rights and interests protection in the United States, Britain, Japan, Canada, international organizations. These countries’ common feature is that the knowledge of financial consumers’ rights protection is gradual, and the relevant legal system improves constantly, and timely aggravates financial operator’s obligations, including demonstrative obligation, security obligations, and appropriateness sales obligation, etc.The fourth chapter deeply explores the relevant content of our financial consumer rights and interests protection. The chapter analyses the particularity of financial services and consumption, and points out some characteristics. Including the financial consumption object is virtual sex, and financial consumption has natural risk and persuasive and financial consumers are different to discriminate professional financial services and products’complex information recognition difference etc. Then, the chapter introduces and evaluates five kinds of theory of financial consumer’s definition, and clear the definition of financial consumers. Finally, on the analysis of the financial consumers’ rights composition and characteristics, the chapter states the main content of the financial consumer’s rights, including the right to security, information privacy and the right to know and fair dealing. It also points out that financial consumer rights have certain limit. This limit is mainly embodied in the certain duty of care of financial consumers.The fifth chapter expounds the policy considerations and methodology of the judicial financial consumer rights protection. First of all, the chapter analyses the relationship between judicial intervention and market autonomy or administrative supervision, and points out the judicial role and task of financial consumers’rights protection. It also states that the Judiciary should play a positive but keep limited intervention role. Secondly, from the perspective of economic factor and economic analysis paradigm, the chapter expounds theoretical basis of the financial consumers’ rights of judicial protection, including financial market failure, market of externalities, financial public goods attribute, information asymmetry, negotiation theory, game theory and behavioral economics, etc. And then, it points out that we should correct the judicial protection concept of financial consumer rights. The concept is balancing of interests for each side. The chapter also introduces the principle of judicial protection, including inclined protection principle, the moderate protection principle, and the law protection principle. Finally, this paper discusses the methodology of judicial protection from the aspects of procedure, identity recognition, claim base retrieval, the referee methods, etc.The sixth chapter discusses judicial adjudication of the financial operators in violation of fiduciary duty. First of all, it makes a scientific definition of financial operator’s fiduciary duty in the study of fiduciary duty doctrine, and points out that the judicial review of financial operator’s fiduciary duty should follow the difference principle. The principle is that the financial operators have different standard of fiduciary duty according to different types of financial consumers, different financial products contract or the repetition of contract. Second, the paper explores the connotation and main contents of the financial operators’faithful obligation, and concretely elaborates the judicial cognizance question of fund "mice storehouse" and insider trading through the case. Then, the paper states the connotation of the financial operators’attention obligation, and discusses specific judgment standard separately to banking and insurance with cases. Finally, this paper focuses on reasonable sales obligations of the financial operators. It defines the connotation of the obligation and points out the exemption situation.The seventh chapter researches judicial adjudication of the financial operators in violation of security obligation. Firstly, this paper expounds the definition and function of the bank security obligations and explains the content of bank safety obligation "place range". Secondly, the chapter analyses the main content of bank security obligations usually, including the risk prompt obligation, safety and protection obligations, and hazard rescue obligations. It also points out the situations of exemption or mitigate. Then, this paper discusses the general principles of administration of justice, including close relationship principle, rational person principle, benefit standard and limit standard. It analyses the suitability evaluation of safety obligation and the limit applicable of "haven" principle. Finally, based on a lot of reference self-service bank and in the case of the bank on the net, this paper discusses the specific judgment standards of safety obligation under the electronic platform through cases.