On The Financial Consumers The Right To Legal Protection Of Fair Trade

Since the 20th century,90 years, to constantly push forward financial innovation, a great variety of financial products started to enter the homes of ordinary people. In the form of financial consumer access to money from the bank to a single payment, financial management, financing and investment integration, extended trading. At the same time, the financial position of consumers and financial institutions, inequality is increasingly prominent, and financial institutions with strong economic strength, with large organizations and various professionals. Parties to the transaction does not balance the strength of compression that can be negotiated space:more use of financial institutions in terms of format, Disclaimer absolve themselves of responsibility, to pass their own risk; consumers such contracts either accept or reject, without any room for bargaining "Consumer Protection Law, " Article X:consumers have the right to a fair trading conditions, the operators the right to refuse compulsory transactions. However, the increasingly strong position of financial institutions, resulting in damage to the financial situation of emerging consumer interests, provided for this group is quite weak legal protection. For this situation, the need to integrate the existing legislative, judicial, law enforcement resources, increase of financial consumer protection.From the international trend, should enhance the protection of such groups to finance such a high degree of consumer protection.United States and other countries have started the preparation of financial consumer protection system reform and improvement.U.S. financial consumer protection regulatory reform undertaken by the various details for the introspection and reflection, this paper exposed by China's financial regulatory issues, consumer protection for the future of financial supervision and legal arrangements Mirroring. Today, in reviewing the causes of this financial crisis, there is little consensus has formed:lack of protection for financial consumers is a major financial crisis led to one of the reasons. U.S. financial crisis highlighted a number of serious damage to the financial interests of consumers by the fact that we are aware, financial products, especially the complex nature of financial derivatives make financial consumers more weakly than the average consumer Potential need for specialized agencies and legislation to give special protection.This article is four chapters, about two million four thousand words.Chapter financial consumer protection fair trading rights theory.Section the concept of financial consumers, from the traditional consumer concept, put forward the concept of financial consumers.Section analysis of the financial consumers the right to fair trade, fair trade, respectively, from the consumer's right to fair trading and financial rights of consumers to start, compared to the average consumer rights and fair trade fair trading rights of financial consumers are different.The second chapter draws on developed countries to finance the protection of consumer rights fair trade methods. Were introduced in Japan, the United States, the European Union and other countries and regions, laws and regulations, and summarizes the significance in China.Chapter III Right of financial consumer protection system fair trade status and problems. China has not A financial consumer protection laws, mainly scattered in the various provisions of laws and regulations, but provided no clear, non-specific, for violations of the right to financial consumer phenomenon of fair trade is not severely punished, the provisions of this chapter for China's current summarized and evaluated.Chapter IV of the right of fair trade on financial consumer protection law perfect. Section fair deal of financial consumer protection norms perfect, made in the financial sector should be developed through statute, the progressive realization of consumer protection, and financial institutions, strict liability provisions. At the same time to promote industry standards in the construction of the financial industry. Section financial supervision and financial consumer protection, recommend specific regulators of the financial responsibilities of consumer protection regulation, financial sector supervision and protection of the rights of financial consumers; improve the regulatory norms for the behavior against the interests of consumers to take financial effective means of supervision. Section III of the Consumer Legal Action to establish a new system to facilitate financial consumer litigation. Protection of the rights of financial consumers is proposed to promote arbitration, the creation of small claims mechanism, establish a class action, in order to facilitate the financial consumers timely, convenient, economic and legal help.