The Study Of Legal Protection For Chinese Commercial Bank Consumers On The Service Fees

This paper takes the legal protection of consumers'right in service fees of commercial bank as its theme, it reveal the performance of damaging on banking consumers'rights such as the right to be informed, the right to independent choose by commercial bank about commercial bank's fee making the method of analyzing typical cases about banking service fees, and point out that there is the plight of the legal protection of consumers'rights about the service fee, There should be a way out for the realization of protection of consumers'rights in the service fee. The purpose on the research in this area is to analyzing the issue of protection of consumers'rights from the perspective of the law charges about the service fees by commercial bank, trying to offer proposals in law and regulation of banking consumers'rights about the service fees. This paper analysis and research the issue of protection of banking consumers'rights and interests about the service fee that is a part of service activities of commercial banks, it differ from the currently more overall researches on commercial banking services.In addition to the preamble and the conclusion,this paper can be divided into five parts:The first part introduces relevant cases: It describe and analysis three typical cases that refine that commercial banks damage the right and interest of banking consumers about the service fee.The second part points out the nature and type of commercial banks'fees. In this section, there is a brief introduction to the nature and type of commercial banks'fees to establish the relationship between commercial banks'service fees and banking consumers'rights.The third part points out the main performance of damaging on banking consumers'rights and interests. This section points out from the typical cases, combing with the reality that China's commercial banks damage on banking consumers'rights about the service fees, it includes information about charging fees is non-transparent, damaging on the consumers'right to know; commercial banks set charging projects that are unreasonable and unfair, damaging on fair rights and property rights of banking consumers, and damaging banking consumers'rights to stand format contract of fee. This section also analyses the causes of difficult in relief consuming rights about banking fee.The fourth part focus on the plight of banking consumers'protection. The difficulties include lacking on specific law that will comprehensively protect of banking consumers'right and intersts; there are defects of desighs of legal system such as "Consumer Protection Law" and other relevant laws and regulations for protecting the consumers'rights on banking service fees; the external supervision and protection of the legitimate interests is weak on banking service fees; their own self-regulatory mechanism of protection of banking consumers in banks is not perfect. These difficulties constitute the barriers of protection of banking consumers on commercial bank service fees.The fifth part propose the recommendations on design of legal system of protecting the rights and interests of banking consumers on banking fees of commercial banks. As for the plight on the legal protection of legitimate rights and interests, this section suggests the NPC lay down the law "Financial Consumer Protection Law", and improve relevant legal system that protect of the banking consumers, strengthen the mechanism of external supervision and internal self-discipline, so as to promote construction of legal system of protection of banking consumers.