A Study Of The Legislation In Leagal Obligations Of Financial Severs

In the international financial tide,our financial market has made a great progress.The prosperity of the financial industry contributed to the refreshment of financial products and financial services,the financial consumption is deeply embedded in the daily life of the residents of our country."Financial Consumers"become a kind of group,it is hard to ignore that they truly active in financial markets already.As a concept,they are also frequently appeared in many kinds offiles.The western developed countries paid a close attention to the financial consumers before China.After decades of researches and practices,they had constructed a well-developed system.Even so,financial crisis in 2007 sounded alarm to the world;people become to take the shortage of the financial consumer protection seriously.In the background of global financial,our country is also showing more and more protection issues about financial consumer.Financial innovation is changed so quickly that the relevant legislation and supervision mechanism become imperfect.In practice,the market competition forced the financial services playing hard to keep their own development trend.This may speed up the renewal speed of financial innovation,but a lot of problems appeared.Financial services provide various products to the financial consumers for increasing the customer base.Facing more and more choices,consumers are hard to make decision for the lack of professional cognition,their rights and interests have no guarantee completely,even sometimes a huge risk is hidden behind.At the same time,financial consumers also can be attracted by the lucrative profits;herd behavior happens although the Asymmetric Information Problems cannot be avoided.Both Moral Anomie of financial services and Blind Decision-making of the financial consumers intensify the reality of the loss.There is no doubt that the entire society will pay the price for the deviated behavior.Therefore,it is necessary to dig deeper into the kernel of the financial consumer behavior.Based on this,we should establish the legal position of the financial consumers,and promote the construction of the relevant systems to achieve the stability and healthy development of the financial market;this will ensure the protection of financial consumers' legal rights and interests.This discussion is divided into six parts.The author analized a few cases in our current life first and reorganized the relavant legislative documents,according to these reality,found there are some shortage in our county's legislation and gave a discussion around the financial consumption.Based on the basic theory of financial consumption,the author analyzed the characteristics of the financial products,and reached a decision which is the financial products are much more risk than normal products.With support of the related economic theory and legal principle,this paper discussed the external factors which may disrupting the normal transactions,thus a guiding principle was given which can maintain vitality of the financial markets.Starting from this principle,the paper analyzed the main obligation of financial servers from legal angle.And the related supporting supervision and protection systems were offered based on the presented reality of our country.The first chapter begined with several financial consumption disputes,based on this,the author analyzed its feature and the causes.Accotding to the cases,the author concluded the present problems and the shortages of the leagal rules.Then we can reach a conclusion that the leagal rules must be adjusted,and the financial severs' behabior must be standard.The second chapter analyzed the theoretical support of the financial consumption based on the above.Through the nature of financial products and financial consumer behavior,author discussed some important basic attributes of the financial goods which is different from common commodities:informational,professional and highly risky.The protective theory of financial consumer was teased apart from the angel of economics and law,and based on the information asymmetry theory,we could find of consumers may easily loss without the guidance of some necessary related information and knowledge.In order to ensure the health of the financial market operation,we mast guarantee that agreements by both the transactions parties is on the foundation of the understanding of product information,many counties made adjustment to the financial market.Not only regulating the financial severs' behaviors,they also pay attention to cultivate the financial consumer to invest rationally.Form the third chapter to the fifth chapter,the detail of the financial servise was discussed on the base of the point before.Through the connotation of all the legal obligations,the author compared the internantional legislation in the relevant area and studied the adbanced experiences.Then definit each kind of the leagal obligation and make a whole construction to the financial sever' s obligation system.So from the view of the financial service,the author advised to focus on our practices from three aspects by obligating financial servers:information disclosure,privacy protection,reasonable persuasion.These aspects are related to the information transmission from the beginning to the end,and will promote financial servers to observe professional ethics when they are pursuing profits.The advices also can improve the quality of the financial information.In the last chapter,the author advised to strengthen the leagal obligations of the financial severs in several aspects,including lefialation form,the contents of the rules,and relevant mechanism.According to regulating the behaviors of the financial severs' market action,the financial consumers' rights and interests should be protected.All of these will promote the orderly running of the our country's economic development.