Financial Consumer Protection In The Bank Format Clauses

With the economic and social development? standard terms has been widely used in vairousfields of banki’ng transactions. From banks perspectives, standard terms simpliyf thecontract-making process，reduce the cost of contract making between banks and their customers,improve the eiffciency of transactions, and safeguard the security of tarnsactions. Therefore,standard terms have adapted well to the needs of the modern banking sectorStandard terms do not change with different status of the contracts of the contract parties, theirdifferent ability to ifilfill the contracts, and their different social status as well, so that standardterms provide equal opportunities of free transactions for individuals with varied conditions,reflecting the value of equity of the law. However, it is undeniable that China’s legislative systemfor protecting financial customers is not complete enough, neither are the supervasion mechanismand the mechanism for safeguarding legal rights. With the wide use of standard terms intransactions, there are incerasing cases that banks infringe customers’ irghts, catching the attentionof the academic circles on the problems.From the view of protecting customers’ irghts, this dissertation introduces the current researchon standard terms by Chinese experts, and then starting rfom the current situation of the protectionof financial customers’ irghts and interests in China, it discusses the influence that the standardterms have on customers’ irghts to know, to change the contracts, and the irghts of fiar transactionsand other irghts. The discussion focuses on the legal irsks that standard terms birng to banksthemselves, and how standard terms have infringe the rights and interests of financial customers.At last, the dissertation provides some suggestions to improve the system of standard terms ofbanks from banks, regulations bodies, legal systems, social supervasion and other different fields,in a bid to reach a win-win deal of the bett’er protection of consumers irghts and the sounddevelopment of the banking sector.