The Re-thinking And Exploring Of The Dispute Resolution Mechanism Of The Financial Consumes In China

The global financial crisis has not only made the world’s financial institutions suffer from heavy losses, but also greatly harmed the public (financial consumers) who are engaged in various financial and investment activities, thus triggered a series of contradictions and disputes between financial institutions and consumers. In fact, with the economic development and financial product innovation, people’s consumption of financial activities are becoming more and more frequently, financial disputes also occur regularly in real life, such as disputes in credit card consume, service fees charged in banks, false information disclosure in financial product, insurance misleads consumers under the guise of’saving’and’interest’, and so on. Financial disputes, once unsuitably resolved, would adversely affect the confidence of consumers.As the cornerstone of the financial industry, financial consumers’confidence will directly determine the smooth reform of China’s financial industry and financial market stability and development. Increasingly serious financial consume disputes promote the importance of the financial consumer protection, as well as the urgency to establish a sound financial consumer disputes settlement mechanism. This is an important issue that should be solved for this era of financial crisis.This article is divided into four sections, and explores from the perspective of the rights protection the financial consumers, hoping to rethink the problem of building a diversified financial dispute resolution mechanism.The first chapter is the introduction part, mainly describe and summarize the research background, significance, and the relative literature, introduce the scholars’and the author’s different views on’financial consumer’as well as the status quo of the disputes settlement mechanism in financial consumes.The second chapter focus on the types of the financial interests of consumers and the status quo of the financial consume disputes, rethink the inherent flaws of the existing mechanism through five ways to solve China’s financial consume disputes.The third chapter give a comparative study on related measures and policies of the United Kingdom, the United States, Australia, Canada, Japan, Hong Kong and other countries and regions in the financial consume dispute resolution, summarize the financial consume dispute mechanisms respectively, and bring some inspiration for our country in building financial dispute settlement mechanism.The fourth chapter transplant the foreign system and combine to the domestic empirical research, fully consider the characteristics of China’s financial consumers’irrational behavior, and trade off the foreign experience, improve of legislation, clarify the legal status of the financial consumer, establish legal system of rules with the financial consumers as the center, so that the idea of the financial consumer protection enjoys popular support, and gradually build well-diversified financial consumer dispute resolution mechanisms from financial institutions, industry associations, consumer organizations, regulatory bodies, the judiciary to the public,.