On The Legal Protection Of Financial Interests Of Consumers

As the economy has developed rapidly, the banking industry is rapidly growing, and all kinds of financial products and financial services have entered the people's daily life. From the consumers on the stock market to buy stock in the bank purchase of financial products in the insurance company for investment-linked insurance, the consumer to buy some advanced options, futures and financial derivative products, it can be said that consumer in order to meet their financial consumption demand, more and more and financial institutions, accept their service. "Financial consumers" concept has come into use.The 1980s, the financial market has undergone a quirky twist of the development process. Countries were from the strict financial control development of the financial liberalization, the government's financial management has greatly relaxed. Financial institutions in order to maintain the existing market possession, and to customer adopted a variety of sales. In financial innovation process, a lot of new financial products, consumers in the face of financial products, often felt lost, one is to select the product, the other side, his knowledge of financial products is inadequate to explain the seller of a doubt, was advised of the purchase of financial products and finally leads to their own interests. Dates from the spreading subprime mortgage crisis in the united states of the rapid spread of a global financial crisis, the financial liberalism was taking a toll, the consumers in this crisis has become the victim. The countries in order to cope with the effects of financial crisis and introduced consumer protection law of financial and our financial services and financial laws that protect consumers of banking reform as the key contents. Our financial market started fairly late, but the development speed quickly. As the financial reform, the consumers in financial transactions not only in damage to underline the interest of the problem. So far, China has not worked out a section relating to consumer protection law of the special finance, financial and consumer protection regulations also few in all laws and regulations, vague and a system. In recent years, more and more disputes over the financial expenditure of the law are not perfect, or in the administrative responsibility or in the criminal responsibilities to civil liability are also common. In order to make financial interests of consumers true, so it is necessary to protect consumer rights and interests of the financial problems of special study.The four points in this chapter describeThe first chapter is the consumers. The article is a survey of the surrounding the financial consumers, this is the foundation. First introduced for general consumers should have the concept of the corpus of our consumer rights and interests of the provisions of article 2:"Consumer life and need to buy, use, commodity or service, and its rights and interests shall be protected by this law, not addressed, and other relevant laws and regulations to protect." Next to introduce overseas financial consumers the method definition, or combined with the realities, to finance the scope of the consumer to determine how to this view. The financial expenditure has its own characteristics, such as the financial expenditure which immateriality, complexity and hard to identify, so to protect consumers of banking should also have the corresponding characteristic. The consumers have certain rights, such as the financial expenditure security right to know, privacy, fair deal, combined with case, a summary of financial consumer protection of practical significance.The second chapter introduces the financial status and consumer protection. Firstly, from our current legislation on the financial situation has introduced consumer protection, as there is no specific to different regulations and laws protect look fragmented, not a system. Secondly, we are also no special mechanism to finance the consumer protection; the existing financial regulators did not go to the consumer protection. Moreover, consumers by the way for adults too hard. Next in our banking industry, the securities industry, for consumer protection, the status quo in the areas of consumer to the effective protection.The third chapter, the foreign financial institutions and consumer protection to our lessons. The financial consumer protection has a relatively long history of the financial crisis has been developed to form a complete the existing legal protection system. But any system is not perfect, the spreading subprime mortgage crisis let us realize the importance of the financial system reform and the law enacted by the financial system, and re-organizing themselves, particularly focuses on the protection of consumer rights and interests. Britain's financial consumer protection is from Twin Peaks theory of development and financial services bureau, the financial regulation and consumer protection of the main organs, the banks themselves also have their own characteristics. This chapter also to Australia and Japan's financial system of consumer protection is a brief introduction.The fourth chapter is to our financial consumer rights and interests of the legal protection system to improve the establishment of the proposals. Financial consumers at present there is a special legal protection, the financial services of consumer protection can be used as a basis, to other related laws. Secondly, the financial supervision mechanism of responsibility for consumer protection should also be made clear to strengthen the protection of consumer rights. Third, to set up financial consumer council, establish a financial system. The organization of consumer protection., Fourth we must strengthen the construction industry self-discipline organization and establishment and improve the mechanisms of self-discipline. Fifthly to the consumer education and enhance their knowledge of financial and raise their awareness of the adults. Sixth we must improve the way of relief to protect the lawful rights and interestsThe development of our financial industry is still in the early days, to protect consumer rights and interests of the financial and financial markets are confident that the financial sector of sound and orderly development. Now, many countries and regions to consumers in financial and financial institutions can the relationship between the protection of consumers in financial and banking establishments also be a win-win situation. At present, China's consumer protection for financial and academic researches are still in discussion is not thorough.From the financial consumers, we define the concept of consumer protection in China's financial situation, and combination of the legislative and practical experience, to explore how to finance the economy to protect the consumers, and hope to build up to improve the legal protection system.