A Study On The Legal Problems Of Commercial Bank Service Charges

With the development of our market economy and the reform of the organization system of commercial banks, it has become inevitable trend of charging for banking services. Charging for service, which can be the source of cost remedy and profit, is wildly adopted by most of commercial banks abroad and in China. However, some scholars and customers express doubts and dissatisfaction about it. So analyzing the right of charging for banking services and confirming its legality will be significant to theory and reality.The prologue mainly introduces the reason and the background of the thesis,the research abroad and in China, the method of research, and the innovation of the thesis.The first part analyzes the concept of the right of charging for banking services. On the basis of the definition of charging for service, the article defines the concept and classification of the right of commercial bank’s charging for service. Afterwards, the contents and legal elements of the right of charging for banking services which contain subject of right and duty and right target can be easily seen. Legal attribution of the above right is the important aspect in the following section. The article makes clear that this right belongs to legal right.The second part discusses legality of the right of changing for banking services. According to legal principles and economy theories, such as Theory of Marx labour value, Theory of Mediation, and Pareto principle, all prove that the above right is actually legal. Though the commercial banks in our country has offered banking services freely for a long time because of the special developing procedure of our politics and economy, the situation should be changed since the market economy has been built, and the products and services from banks have been mostly improved. In fact, charging for banking services instead of charge-free is imperative. Affirmance of the legality of charging for banking services favours the development of the financial market, core-competitiveness of bank itself and financial innovation.The third part analyzes the hinders and problems during the commercial banks carry out charging for banking services. Some scholars express the doubts of charging right for the current laws and regulations are not clear and definite. As to most of the customers, they cannot adapt to the new profit model of banks quickly after having experienced the old one for scores of years, which causes their stronger dissatisfaction. And furthermore, the current system of charging for banking services is far from perfect. The following situations usually occur:the effect of laws and regulations is not powerful enough, lacking of administration, commercial banks abuse the charging right and serve in low quality.The fourth part analyzes and compares the difference of the actions of charging of banking services and administration between Chinese commercial banks and those abroad.The fourth part raises the suggestions of improving the charging action. Firstly, issue a decree with powerful effect to make clear of the legality of commercial banks’ service-charging right. Secondly, the right of autonomic fixing price should be endowed to commercial banks gradually. Lastly, enhance tougher administration enforcement, strengthen binding effect of autonomy organizations and internally piloting of commercial banks.The conclusion covers the whole notion, the core point of view and the value of the thesis, and also points out the drawbacks which are the directions for research in the future.