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Research On Financial Consumer Legal Protection System

Posted on:2012-06-02Degree:MasterType:Thesis
Country:ChinaCandidate:W LiuFull Text:PDF
GTID:2166330335457586Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Under the background of financial deregulation,the crossing and innovation of financial business, the identity of depositors, insurance counterpart and investors is losing the meaning of telling their differences. Meanwhile, those countries and regions with developed financial legal system, in order to adapt to the new social reality and need, have introduced the concept of financial consumers and the laws and regulations to create a legal system without longitudinal centralized of financial supervision, new, and with one purpose of protecting financial consumers. Based on the reality of the Chinese legal system and the turning point of the countries and regions'reform to strengthen financial consumers'protection law under the financial crisis background, the essay again describes and regulates the participation of capital market in individual with the concept and viewpoint of financial consumers.In addition to the introduction and summary, this article is divided into four main parts.In the first chapter, firstly the writer gives the definition of financial consumers and discusses the necessity of establishing financial consumer concept by defining the concept of financial consumers. Then facing the majority view, the author puts forward different views and demonstrates the differences between financial consumers and those in Consumer Protection Law to establish independent foundation of financial consumers'connotation and denotation. And then the author discusses the legal basis of financial consumer protection. The reason why the author thinks that way is that because of the financial crisis, the author thinks that the original basis about financial consumer protection legal showed the weakness of explanatory and theoretical arguments. Lastly, the author describes the shortage of our financial consumer law protection system to set a good foundation for the author to improve it.The second chapter is the analysis of financial consumer legal status, mainly including the discussion of American related system and legal status of China's financial consumer. Among them, about China's part, the author mainly selects bank financial products to analyze because of its most perfect relevant laws and regulations and relatively more related legal disputes. Through the analysis of the financial consumers'legal status, the author puts forward his own point of view about financial consumer law protection, that is, based on difference classification protection and with legal relief power for end-result, Performing as the legal framework about financial server risk reveal and information disclosure obligation.The third chapter basically is about the introduction of all countries and regions'financial consumer law protection system before and after the financial crisis. And then the author analyzes the reason why this financial crisis can seriously damage financial consumers. Through this chapter, I hope that we can absorb foreign countries'latest results about financial consumers'protection.In the fourth chapter, the author presents his view aiming at China's financial consumer law protection system. This part mainly include strengthening the formulation of financial consumer law protection system, improving the laws and regulations of the appropriate classification protection of financial consumers, improving the judicial relief system of financial consumers, strengthening the efforts on innovation of supervision, and protecting the financial interests of consumers.
Keywords/Search Tags:financial consumer, different classification protection, information disclosure, financial supervision
PDF Full Text Request
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