| With the concept of financial supervision both attach importance to the regulation of the industry by focusing only on the industry regulator to focus on the protection of the financial interests of consumers while this transition, countries around the world through national legislation of the country’s financial markets specification.With the rapid development of China’s financial planning industry, the financial planning market a series of disputes against financial consumer’s right to know, and therefore strengthen the supervision of the financial planning market, and implement the concept of the protection of the financial interests of consumers, should become our Financial Planning regulatory level of consensus of market discipline.China is currently one of the few in the academic study of consumers’ right to know aspects of financial planning.Combined with the reality of our country, we will find that the regulatory philosophy of our regulatory agencies still ignore the protection of the right to be informed consumers of financial planning, and just focus on the regulation of the industry; on the other hand, China’s the basic legislative level in the supervision of financial planning, there is no supervision of the financial planning aspects regulations, but rather from the point of view of the regulator by normative documents or regulations obligations on financial institutions, provisions, and no provisions on the protection of the rights of consumers of financial planning; Furthermore, our country to protect consumers’ right to know the financial planning aspects relief channel is also not a lot; Therefore, the above three defects caused by the loss of our financial planning market now consumers’ right to protect and status of embarrassment.lt is for these reasons, the author attempts to this problem of deep-seated, also refer to the practice of foreign countries in the consumers’ right to protection of the financial planning aspects, combined with the actual situation in China, which proposed to protect consumers’right to know of our financial planning recommendations make certain academic contribution. Commercial bank financial consumers to accept the natural and legal persons of the financial products offered by commercial banks, but does not include professional investment institutions, and reaches a certain size, or a natural person, unincorporated association, as well as the body of a professional investment capacity.Accept this definition based on content and services subject to definition.Commercial bank financing consumers’ right to financial consumers should be aware of its purchase financial products as well as follow-up services should be aware of the issues, corresponding to this right is the financial institutions of information disclosure obligations.Financial planning consumers’ right protection, but also related to the protection of the property of citizens, but also related to the development of the financial planning market and the future of financial planning professional standards improve consumer.At the same time, giving financial planning consumers the right to know the connotation difference between financial consumer, industrial and commercial consumers will be even more obvious, because the consumer’s right to know the contents of the Financial Planning is significantly different from the average consumer’s right to know connotation, not only from the content also include the quantity and speed has emerged as a significant difference.Therefore, the protection of consumers of financial planning right to information is imperative.Associated with the practice of financial planning consumers’ right to protect its protection theorists put forward a series of theoretical.The theoretical basis of the Consumer Financial Protection five:The first is the "bimodal" theory of British economist, its financial regulatory goals, including prudential supervision, but also include financial consumer protection; Information asymmetry theory, because the information is entirely dependent on the financial institutions in the financial markets, financial consumers in a weak position; the third moderate protection theory, regulators tilt protection of financial consumers must, but this inclination should not be excessive, excessive financial consumer protection, not only is not conducive to the development of the financial market is not conducive to financial consumers enhanced in the financial consumer professional standards in the field of self-protection awareness; fourth principle regulatory theory, which pointed out that the financial supervision should not be fixed regulatory rules and supervision, but should in principle This is conducive not only to the innovation and development of the financial markets, but also conducive to the regulatory agencies in the financial institutions with the financial regulators do more good; fifth is people-oriented philosophy, which is the theoretical basis combined with our practice, because of the people-oriented requires us to focus on the people’s livelihood and the feelings of the people, and the protection of financial consumers is that we can do the people’s livelihood projects.These theories are right to be informed consumers of financial planning protection laid a complete theoretical basis.Commercial bank wealth management products based on different standards can have a different division of the different financial products suitable for consumers of financial crowd is completely different, so the financial sales staff in the sales of financial products, you should know your customer revenue as well as needs to sell financial products.The reality of financial products disputes, mainly three types:one is financial product sales in the promotional process exaggerated gains to conceal the risks of financial products to cause damage and disputes; One is in sales, due to financial sales of non-compliance of the sales staff, leading to financial consumers to buy do not product damage disputes; a follow-up operation after the sale, the financial institution fails to timely notify the financial consumer cause damage occurred disputes.These disputes occurred are worthy of our careful consideration, I found the reason why these problems occur, because of our apparent lack of protection of the consumer aspects of financial planning related institutional framework.First of all, from the financial market itself is concerned, the legal basis of the relationship between financial products ill-defined, and became the first hurdle of the Consumer Protection Financial Planning.Therefore, the legal basis of the relationship between financial products specifically defined, well worth considering.Some scholars believe that the basic legal relationship should be a relationship of trust, some scholars believe the agency relationship, and some scholars believe that the fact, that the legal relationship should be based on specific financial products trading structure is called the specific analysis said.The basis of the legal relationship of the financial products because it comes to the rights and obligations of the parties to the transaction on the legal aspects of, so we should be careful consideration, so that our financial planning consumer protection more perfect.Second, the basic financial financial consumer protection legislative apparent lack of our country in the field of financial planning consumer protection laws and regulations, and now is the administrative regulations and rules, and these regulatory documents and regulations not only the effectiveness of low-level and between the provisions of the same problem of conflicting intricacies finding should abide by the rules seems at a loss.However, so far, the country no one pair of financial consumer protection provisions of the basic legislation. Once again, the nation’s financial regulatory model and financial regulatory philosophy is not conducive to China’s financial planning consumer protection.Today, China’s financial regulatory mode is separate supervision, development and innovation of financial products while bound to break the pattern of the separate supervision, so that regulatory loopholes, leading to impaired financial consumer rights.Finally, the industry self-regulatory organization failed to fully play its role in protecting consumers of financial planning, probably because its mode of operation and the authority to restrict and characteristic and failed to play its role of protecting financial consumers.Analysis of defects in the protection of financial consumers today, I think, the view of the defects of the market development of China’s financial planning and financial consumer protection regime, it is necessary to absorb foreign advanced system and philosophy in the financial consumer protection, so various financial analysis of the legal systems of the developed countries in this regard, so as to lay a foundation for the establishment of the system of protection of financial consumers.Financial developed countries such as the United States, the United Kingdom, Japan, Australia, the European Union, after the financial crisis, have through national legislation to change the regulatory philosophy, pay more attention to the protection of the rights of financial consumers, trying to unified supervision.The same time, these countries, according to their actual situation, set up a specialized financial regulatory agencies to safeguard the protection of the rights of financial consumers, especially in the United States, the establishment of the Financial Consumer Protection Department at the same time give it great power, while the United Kingdom has also set up specialized financial consumer protection agency to protect the rights of financial consumers.Japan are very similar to the culture and history of our country, but also the establishment of specialized financial consumer protection agency to resolve the financial consumer disputes.This very detail-oriented organizations in the EU, it will finance consumers are divided into three categories, were given different levels of maintenance, while great emphasis on the obligation of information disclosure provisions of the financial institutions, the detailed requirements of the time, manner and content of the disclosure quality and so on.Therefore, these are very worthy of our country can be used as a reference in the development of financial consumer protection of fundamental legislative content.Explore the right to know the meaning and importance of the definition of financial consumers and financial consumers, as well as the problems of our financial consumer protection, I practice consumer protection in the financial aspects of the developed countries of foreign financial analysis, these things and then, I put forward their point of view, that the financial financial consumer protection legislative level, our country should carry out the provisions of Financial Planning consumers’ right to protect, at the same time in order to better protect consumers of financial planning in the basic legislative level, China’s financial regulators should change the financial regulatory models and financial regulatory philosophy, of course, change the regulatory model and regulatory philosophy is not just the right to know in order to implement the financial planning consumer protection, but also in order to the financial markets to be able to better development.Change in the level of the basic concepts and basic legislation at the same time, we also should be noted that the provisions of the law and regulatory mode and the implementation of the concept, requires more than written rules and change, and the need to practice, in reality achieve.Therefore, we should seek relief for consumers of financial planning and provide perfect relief system, the establishment of the institution is not just complaints, arbitration and mediation, negotiation, need to explore ways of court proceedings.In addition, we should also pay attention to the industry self-regulatory organization should play a role in the financial consumer protection, should improve the mode of operation of the industry self-regulatory organization and institutional funds, and to play to the role it should play.Comprehensive organizational structure and mechanism of the above aspects, we can see that our financial planning consumer protection able to do the above, I believe our financial planning consumers’ right protection will scale new heights, and our financial planning disputes can be a good solution. |
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