The Solution To The Financial Consumer's Extension Confusion

The subprime mortgage crisis erupted in U.S. in 2008, the absence of financial consumer protection system has become one of the crisis incentives. Due to the disastrous consequences of the crisis, most developed countries have started to reflect on their lack of financial consumer protection system, setting off a wave of reform in the field of financial legislation. As a member of the world economy, financial consumer protection also has become the latest topic of discussion in the field of our country's finance legislation. But"financial consumer"is still a new thing in our country, has not become a certain legal concept, and the discussion about which is few and continually controversial and contradictory. In the field of modern civil and commercial law, the idea of the weak protection continue to strengthen, and on the basis of recognization of the weak position of financial consumer, to which provide protection have become the inevitable choice of law. However, jus for the legislative situation, to realize the financial consumer protection in our country, the first thing we must do is clarification the "financial consumer" category in itself, otherwise deeper legal research around which is impossible to carry out. In this context, trying to give a clear legal definition of financial consumers, and proposal solutions to the problem of its extension confusion are the intention of this article.Therefore, this article use comparison of inductive, historical analysis and empirical analysis method, learn from foreign experience in the relevant legislation, understand the problems about current financial consumer definition in our country, in order to give it unambiguous legal definition to the best of my abilities, rough delimit of its scope, and propose a preliminary idea of typification protection to completely solve the problem of financial consumer's confused extension. Following the introduction, the paper is divided into four parts, research around the extension of financial consumers.Part one around the train of thought of "financial consumer - the weak - the weak protection", discuss Strengthening the idea of the weak protection that the social and historical background of the financial consumer protection, to make the basic judgment that financial consumer is trading vulnerable group. In the field of modern civil and commercial law, the idea of the weak protection continue to strengthen, so this background make that it is possible to provide the weak protection to physical person in the field of financial at the legislative level. At the basis of realization the weak position of physical person in the financial field, especially in the investment field, it is obliged to provide tilt of the legal protection measures to them. But to achieve financial consumer protection, first of all we must try to define clearly the scope of this vulnerable group.Part two around the main line of the "trading overmatch - trading weak" dialectical relationship and the linear evolution, detailedly analyze the social facts that the field of the natural persons involved in financial transactions continue to expand, put forward the realistic difficult to define financial consumers in law and analyze of its causes in detail. By drawing lessons from foreign financial services act, consumer protection law about the definition of financial consumer, and consideration of the legal practice, this text analyze the performance of its extension confusion. In addition, this text analyze the reason of its extension confusion start from the legal evolution of the conception of the weak protection, involving the progressive of the weak in the weak protection, the limitations of the dichotomy and the diversity of financial activities.Part three roughly delineate the scope of the financial consumer as possible at the basis of realization the realistic difficult to define financial consumers in law, in order to provide it a general definition of scope. Financial consumer is a natural person who referred to going for goods and services in financial field except complex investment products financial sector. Therefore, the scope of the financial consumer across the entire financial sector, aside from institutional investor and participants in the financial sector of complex investment products. The establishment of a wide range of legal community , on the one hand declare the idea of the weak protection further strengthen in the financial sector, on the other hand imply that equal protection can not be applied to such subject.Part four propose a preliminary idea of the typification protection for financial consumer, giving different protection to traditional financial consumer and investment type of financial consumer. Both extensiveness of financial consumer coverage and the problem of undistributed extension result to the idea of typification protection establish in this field. Traditional financial consumer protection underline the norm and importance of the basic trading rules, which focus on the regulation of standard terms, the restrictions on mandatory transactions and the stringent requests on achievement the trading rules by consumers. The protection for investment type of financial consumer focus on the information disclosure, risk disclosure and client assessment, moreover, it give distinctive protection for ordinary investors and professional investors at the basis of assessment.