The Research On Financial Customers’ Rights Protection In Personal Financial Management Business Area

After the financial crisis, strengthening the supervision of financial markets, protecting the legitimate rights of financial customer is one of the important contents of states to improve the financial regulatory system. China’s current academic researches on the protection of legitimate rights of financial customer of personal finance business of commercial banks are few and far. In legislative practice, there are no specific provisions on this issue. There are just some provisions on financial institutions’disclosure obligations and the responsibility of false statement, lacking of unified and standardized financial customer protection in the field of financial management business. Therefore, the purpose of this article is that to have a discussion more comprehensive and in-depth about this issue, and studying the experience of developed countries on construction of financial market supervision system, combining with insufficient presence in China, and finally giving useful suggestion on building financial customer’s rights protection legal system of China. The experience of advanced asset managing market supervision of US, UK and Japan, shows that building legal asset managing consumer protection system is the necessary consequence of financial market development exclusive institute and system should be established to realize the idea of asset managing investor’s protection.Financial customer refers to the natural and legal persons who receive the financial services or financial products provided by financial institutions, but do not include the commercial investments, the institutions who reach a certain scale of investment, and the natural persons or legal persons who have a ability of investment. The characteristics of this definition are that:first,"consumption" will not be used as one of rules to determine the status of financial customer. Second, giving legal protection to the enterprise, as well as other social organization。 We should follow the basic principles of trust legal relationship to regular the whole financial market and to protect the legitimate rights of financial customer. This is not only good for clear specific rights and obligations between financial customers and financial institutions, but also contributing to the improvement of financial market supervision system in China. First, in legal relationship of trust, there are more rigorous standards to financial institutions. So the relevant provisions of trust law can be applied for protection the legitimate rights of financial customers. Second, Second, we can give more stringent obligations to financial institutions by legal, in order to assign the rights and obligations between financial consumers and financial institutions, balance of power between the two comparison, give better protection for financial customers。There are some disadvantages in financial management business in China, so this article plans to give useful suggestions on building financial customer’s rights protection legal system from legislation, law enforcement, and administration of Justice. Specifically, in the areas of financial management business, we should take "financial consumer protection" as the basic principles of conduct, develop a financial consumer protection law which contains provisions on financial institutions’disclosure obligations and the responsibility of false statement, Set up a special financial consumer protection agency, determine the consequences of legal mechanisms. We can borrow the functionary supervision with a general system as the basis in terms of supervision system. In addition to this, it is necessary to establish of multi-level relief channel, so that financial disputes can be resolved efficiently.