The Research On Consumers' Rights Protection In Personal Financial Area

Personal financing business is a comprehensive financial service provided by the financing professional. Compared with the goods or services received by the general consumer, there are some characteristics, such as the particularity of the goods, and the visibility and complexity of the services, in the personal financing area. At the same time, the damage is more obvious in the area of consumer rights, for example, right to know, right to invest and benefit, and right to fair trade, because of the powerful position owned by the personal financing service provider and the capacity problems with the consumer themselves. To enhancing the consumer protection in the personal financing area, it is significant to provide countermeasures for consumers protecting their rights and benefit, to promote the development of financial industry and financial management market, and to improve consumer protection in the overall level.Legislation should learn advanced legislative experience from abroad to protect consumer in the personal financing area. Consumers can protect their benefit through the ways If legislation, administrative enforcement, judicial procedure, self-protection and social protection, basing on the theories of fair, rule and effect in jurisprudence, the'wealth maximization'theory in Law and Economics and the social stratification theory in Legal Sociology. Consumer protection mechanism should be built in the aspects of Civil Law, Economic Law, Administrative Law and Procedure Law, in order to solve the problems, for example, inadequate information disclosure, unfair forming contract and the lack of standard on consumer's differences in the personal financing area.According to the problems existing in the consumer protection mechanism in our country, legislation should define consumer's legal position and enhance financial supervision, based on the principles of full protection, tendentious protection and moderate protection. Legislator should enhance the related obligation of personal financing service provider, formulate the trade standard on consumer differences and establish the relief and compensation remedy, for the purpose of protect consumer's legal rights in personal financing area.