Study On Laws For The International Protection Of The Right Of Financial Privacy

As a right with the nature of both personality rights and property rights, the right of financial privacy is mainly characterized by three characteristics:specificity, self-control and restriction. With the rapid development of financial markets, the risk of damaging the right of financial privacy increases continuously, therefore, the intervention of laws should be applied so as to protect the right of financial privacy legally. As to the protection of the right of financial privacy, the theory of "implies terms" and the theory of "tort liability" have their dominant status early or late, whose evolution lays a theoretical foundation for the legislation for the protection of the right of financial privacy. With the development of economic globalization, legal protection of the right of financial privacy has no longer been restricted within the scope of one country. This paper puts emphasis on analyzing the operating mode of bilateral coordination mechanisms and multilateral coordination mechanisms for the international protection of the right of financial privacy by introducing the essential characteristics of the right of financial privacy and the necessity of international development. It attempts to provide references for the legislation of the right of financial privacy in China under the background of globalization on the basis of analyzing the legal system for the international protection of the right of financial privacy.This paper includes three parts:Introduction, body and conclusion. The body is divided into four chapters:ChapterⅠ:Analyze the theories for the development of the right of financial privacy and the necessity of international protection from the conceptual nature of the right of financial privacy. Explore the reasons for international protection, ways of protection and reasons for existence of the right of financial privacy.ChapterⅡ:Conduct a specific research on the international bilateral coordination mechanisms for the protection of the right of financial privacy. Analyze the related legislations for the right of financial privacy in European and American areas in the way of research comparison; investigate the similarities and differences in the ways of legislative protection for the right of financial privacy so that the necessity of the generation of Safe Harbor Agreement is obtained, based on which, the specific contents and the role of "safe harbor" are introduced. ChapterⅢ:Conduct a specific analysis of the international multilateral coordination mechanisms for the protection of the right of financial privacy. There are regional multilateral coordination mechanisms and global multilateral coordination mechanisms in international multilateral coordination mechanism for the differences in range. Based on the analysis of the relevant issues on such two multilateral coordination mechanisms, this paper mainly introduces the role that multilateral coordination mechanisms play in the international protection of the right of financial privacy.ChapterⅣ:Conduct a specific analysis of the current status and problems in the legal protection of the right of financial privacy in China, and propose the ways to improve the legal protection of the right of financial privacy in China under the background of international protection of the right of financial privacy.