Study Of Banking Consumer Protection Laws In China

Consumer protection is an important cornerstone of social development and progress, especially with the economic and social development, consumer protection will play a more important role. Recently, China is with economies in transition, it is very significant to protect the rights of bank consumer. Especially with our country's banking industry's opening, the protection of bank consumer's rights and interest reveals its importance. Though China Consumer Association has founded, and relevant laws and regulations have performed, but the bank consumer is quite particular, and the legislation and protection mechanism are not complete, so how to equity the regulation of banks and the protection of bank consumers, then protecting bank consumer's rights, is the main goal of this thesis.This article has five parts, each part are as follows:First part, legal definition of bank consumer. It is necessary to legally define bank consumer before discuss the legal issues of bank consumer protection. This part firstly depth analysis the concept of consumer, then clarify the specificity of bank consumer, on this basis to delimit the concept of bank consumer, and clear the definition and types of bank consumer.Second part, the theoretical analysis of bank consumer protection. This part discusses the relevance theory of bank consumer protection, including the theoretical foundation, economic law philosophy and values and the basic legal principles of bank consumer protection.Third part, worth drawing for reference of outside legal system and related mechanisms of bank consumer protection. Referring to bank consumer protection law system and related mechanisms in English, American, Australian and Hong Kong area, this part expounds the law system, regulatory mechanism, vulnerable groups' protection and dispute settlement mechanism of the above areas. On these basis points out that these countries and regions' bank consumer protection institutions and practices are worth learning.Forth part, analysis of the status quo and the reasons of bank protection of China. This part first overviews the status quo of our country, then indicates the performance affected to bank consumers and the problems, analyzing the whole aspects of legislation, supervision, self-discipline, bank and consumer selves.Fifth part, Advices on construction of bank consumer rights and interests protecting legal system and relevant mechanism. This part comprises four major aspects, including the construction of legal system and banking regulatory system, the perfecting of consumer protecting self-regulatory mechanism, the improvement of consumer protecting association and consumers' awareness of self-protection.