On The Mechanism Of Bank Consumer Rights And Protection

As an important constituent of the market economy main, consumer affects the development of the market, and finally decides how the prosperous the economy develops. Currently, China economy is at the reforming stage, it is of great significance to pay full attention to the rights and interests of the bank consumers, both in practice and law. In all kinds of consumer community, the bank consumer's function is extremely important.Especially on December 11th, 2006, with the opening of our country's banking industry, the protection of bank consumer's rights and interest reveals its pressing. On December 1984, our country has established China Consumer Association, and has formulated "Consumer Rights and Interests Protection Law", however, for the particularity of the bank product and service, the simple litigation and compensation system meet with difficulty to bank consumer's protection, and it also weakens the validity of Law. In the aspect of system construction, we must pay attention to the small influence community in one hand, and in another hand forbids excessively protection which reduces the enthusiastic of operator, in order to achieve the dynamical equilibrium between consumer and operator in economical gambling by the system lever, then promoting the development of the market.In the foundation of fully investigation of the situation that bank consumers'rights and interests being encroached in our state, the thesis elaborated the bank consumer's localization, the particular rights banking consumer enjoys. Beginning with view on the lack of bank consumers'rights and interests protection, the article proposes suggestions to improve the protection of our bank consumer by analyzing the bank consumer protection system in developed country or area comparatively, prospecting it could consummate the legal system in this area. Besides preface, the thesis is divided into four parts to launch the elaboration.Chapter one: Bank consumer's legal localization. From the bank consumer's definition, this chapter elaborates bank consumers' characteristic, type and the particular rights they enjoys, then analyzes bank consumer's special status connecting with basic theory of economic law.Chapter two: The main questions in bank consumers'rights and interests protection. This chapter thoroughly analyzes the disputes between bank consumer and bank, through a series of massive examples.Chapter three: The legal issue and the experience on bank consumer's rights and interest protection. Referring to bank consumer protection law system in American, English, Australian and Hong Kong area, this chapter analyzes the insufficient of current legal framework of bank consumer rights and interests protection. Considering the legal situation, this chapter proposes effective regulation methods.Chapter four: Construction of bank consumer rights and interests protection system. This chapter proposes plan of related system and legal framework on bank consumer rights and interests protection, which help to fulfill the special protection on bank consumer.