A Study On The Legal Regulation Of Financial Financial Products From The Perspective Of Consumer Rights Protection

With the rapid development of national economy and the improvement of people’s living standards, the financial services industry in China has entered a stage of rapid development. China Banking Regulatory Commission report showed that the book balance of financial management has come to 8.2 trillion yuan by the end of the first quarter of 2013. At the same time, many financial companies, such as commercial banks, trust companies, securities companies, fund companies and insurance companies have introduced complicated financial products to meet the increasing demands of financial customers. However, due to the imperfectness of law, the rapid development of personal financial business can pose a risk to the right or interests of financing product consumer. The customer’ rights to know the financial services products, to have a fair trading, to get a privacy protection, to claim are often violated. Therefore, there are more and more relevant disputes of financial services products in our dairy life. Lots of financial institutions tend to fraud risk to customers, shirk their duty by their dominance. The relevant disputes seriously hindered the healthy development of financial products market, and extinguish customers’ faith in the personal finance service in China.Given this background, the study of characteristics of financial management products in China and the research of legal relation between these products and their customers are made, the legal risks to the customer in the domestic financial management market are analyzed, the rights and interests of consumers which are easily violated by the financial companies are emphatically discussed as well as their causes. Then, the good examples of protecting the right of customers of financial products in the developed countries and regions, like the European Union, the United Kingdom, the United States are studied as well as the latest achievements in domestic financial products consumer protection. Some suggestions to perfect our country financial products consumer rights and interests protection system are put forward in thesis. This thesis consists six parts, including the introduction and the conclusion.Chapter One introduces the nature of the financial wealth management products in China and the classification of financial products, analyze the legal attribute of financial products, emphatically discusses the legal risks to financial wealth management products in China.Chapter Two points out the problem of legal protection of financial services products consumers’ in our country, analyzes the causes of these problems from the perspective of financial services consumer protection, the characteristics of financial products and financial management products regulatory.Chapter Three analyzes the advanced system and experience of protection of consumer rights and interests of financial services products in the developed countries and regions, emphatically introduces the European Union and Japan’s financial services products consumer rights and interests safeguard mechanism, the financial ombudsman right relief system, and the specialization of protection system, etc.Chapter Four sums up the basic principle of financial products consumer protection and introduces the consumer rights which should be refined institutionally. Finally, some further regulations and measures to better our legal system of protection of financial products consumers are put forward.