Analysis Of The Protection Of Credit Consumers' Rights And Interests

In the modern marketing economy, credit consumption is an attracting economic phenomena. It's the inevitable outcome of the marketing economy, which indicates that the evolution from commodity exchange to currency exchange and then to the senior phase of debt and credit exchange. As a group, the consumer came to appear inevitably when the dividing of social work was increasing. And the group was marked disadvantaged from the beginning. Furthermore, credit receiving has become the right of consumers in modern civil law. For these reasons, the credit consumer is in need of legal assistance when dealing with the financial institutions. So how to protect the rights and interests of credit consumers is the main purpose of the thesis.Developed countries have mature systems of credit consumption which are based on the protection of credit consumers'rights and interests. How to protect the credit consumers'rights and how to regulate the consumer credit trade are the guiding principles of their legal systems. Just for taking great consideration of the protection of credit consumers'rights, these countries have prosperous and healthy development of credit consumption.However, in our country, the under-development of construction in credit system is restricting our development of credit trade, especially credit consumption. Most of the credit rights of consumers cannot come true, and the rights of privacy and knowing the truth also lack efficient protection. The information owned by credit investigation agencies can determine fair and just treatments on the consumers in trade. We should attach great importance to the protection of credit consumers'privacy during credit investigation. The format contract is widely adopted by most financial organizations such as banks. Some special clauses of the format credit contract have restricted consumers'rights. Moreover, the credit consumption sometimes relates to three parts: consumers, financial organizations and proprietor. The credit activities are special trade, in which inadequate and asymmetrical information exist widely. Therefore, law should protect the consumers'right to know specially and regulate the credit format contract.This thesis analyzes the specific legal system and problems of protection of credit consumers'rights, from aspects of credit investigation and credit contract, based on the research of developed countries'experience, so as to provide certain support for the drafting of Credit Consumption Law as well as promoting the legal circumstance for the development of credit consumption in China. The thesis consists of several chapters as follows:Chapter 1 introduces the concept and the legal attribute of credit, the beginning and development of credit onsumption, the consumer credit in China and its present conditions.Chapter 2 examines the legal problems coming from the protection of credit consumers'rights, which are the confrontation between credit investigation and rights of consumers'privacy and knowing the truth, consumers'right to know in credit trade and the regulation of credit format contract.Chapter 3 analyzes the theories on the protection of credit consumers'rights, which include two respectives: weak position of credit consumers and legal bases.Chapter 4 presents the significant legislation of credit consumption in developed countries such as American, Europe and Japan, in order to put forward some tentative plans for the credit consumption legislation in China.Chapter 5 extensively probes into the legal framework and institutions of the protection of credit consumers. During the process of credit investigation, the investigation agencies have the duty to maintain consumers'secrecy, which displays the respect for the right of privacy. Therefore, the author makes a series of corresponding lawmaking suggestions of how to perfect the system of consumer credit intelligence in our country and how to make a compromise between credit investigation and legal protection of consumers'privacy. The format contract and clauses are complex and restrictive and are frequently not understood by the layman. In order to protect the rights and interests of credit consumers, the author presents some advice about the credit consumers'right to know and the regulation on credit format contract and standard clauses. Furthermore, credit consumers'right to cancel the contrat which is the cooling-down period system should be established.