Font Size: a A A

Research On Legal Protection Of Financial Consumers Rights And Interests

Posted on:2013-02-21Degree:MasterType:Thesis
Country:ChinaCandidate:W TangFull Text:PDF
GTID:2246330362471211Subject:Economic Law
Abstract/Summary:PDF Full Text Request
With the booming trend of financial industry, financial institutions have launched a wide range offinancial products and services, especially the emergence of complex and high-risk financialderivatives makes the financial consumers more vulnerable than the general consumers, financialconsumers and financial institutions between the unequal position also is shown gradually, thetraditional protection in general consumer right system and idea is not sufficient to provide protectionfor financial consumer protection. Therefore, this article will make financial consumers as theindependent financial market participants, through the study of the content of the right and theparticularity of financial, consumer rights and interests of effective protection.This paper will be thefinancial consumer protection as the core, and the basic principle of the economic law as a guide,from the general consumer concept as a starting point, to complete the financial consumer identitydefinition, so that the financial consumer protection and the necessity of particularity, for financialconsumers with a bank, insurance, securities and other financial mechanism of the comprehensivelegal protection. In the special aspects of financial consumers right to know, even bargain rights,privacy protection of the basic right to be analyzed.Because of the financial industry of this special protection to our country in the protection offinancial consumers rights is inadequate, analysis the existing problems for three main reasons: one isthe aspect of legislation, legislation had no clear effect on the financial consumer protection laws,rules and regulations formulated by the various regulatory agencies often have conflicts, leading tothe embarrassment of the implementation of laws and regulations, the desalination of the authority oflaw, namely the need to develop a unified legislative protection system for financial institutions toachieve strict liability and promoting financial market industry standards; two is the financialsupervision, supervision by means of a single, no sanction of strong power, at the same time, thefinancial regulatory responsibility is not clear, the law has not stipulated the duties are not given itsresponsibilities, the the regulators can not effectively protect the financial interests of consumers;three is the dispute settlement mechanism, at present our country did not establish a highly efficientand convenient financial consumer protection mechanism, complaints and disputes solution is notsmooth, the consumer can choose the relief way of the right to protect their legitimate rights andinterests.“Because of defects need perfect”, the above analysis of China in the financial consumerprotection present situation problems and reasons for the final part of the article is how to improve the financial consumer protection law system makes bedding.In view of our country in the financial consumer protection problems, this paper uses the methodof comparative analysis through the US and UK, Japan and other financial services industry isrelatively developed countries or regions on the financial interests of consumers of legal protection ofcase presentation, a comprehensive analysis of the United States, Britain, Japan and other countriesthe financial interests of consumers of legal protection system of experience, for the last chapter usingfor reference the construction and consummation of the system.Finally, according to the abovefoundation of analysis, the author unifies our country actual put forward by China of financialinterests of consumers of legal protection of specific ideas, mainly from the legislative system onprevention mechanism design, financial operation and supervision, disputes and hindsight remediesand punishments and so on several aspects put forward their suggestions, for establishing andperfecting our financial consumer protection mechanism, in order to promote the financial institutionsto provide the standardization of financial products and services, and actively fulfill their socialresponsibilities, purify the financial consumption environment, promote the healthy development offinancial market.
Keywords/Search Tags:Financial consumer, financial institution, rights and interests, system, protection
PDF Full Text Request
Related items