Legal Protection Of The Right To Know The Bank Consumers In China

Bank of the consumer’s right to know is the bank consumer rights system in basic rights, guarantees the realization of other rights can also bank consumers. However, due to the bank in a strong hegemony, in the process of trading information opaque, prompted the risk of not fully meet the eye everywhere, misleading propaganda phenomenon, coupled with the lack of consumer financial knowledge, risk awareness, the Chinese bank consumer protection of the right of informed status makes people worried, problems are also very prominent. Therefore, strengthening the bank protection of consumer’s right to know is on the bank consumer "require prior protection", but also the inevitable demand of financial market risk rule.In China, the existing legal protection level is low, and regular dispersed, industry regulation is not in place, resulting in a weak position of bank consumers become more prominent, the right to know is being infringed. In real life, consumers because of its strength and the lack of effective means of relief, most of the victims are helpless choice swallow insult and humiliation silently.Therefore, to solve the bank consumer protection of our right to know the problems, should be based on China’s reality, learn from foreign advanced experience, take the tilt protection principles of constructing legal protection mechanism of diversification from the following aspects. First, give the bank consumer tilt due protection in legislation. To "consumer protection law’","commercial bank law","the banking supervision law" was revised, increased protection of bank consumers of content, such as strengthening the banking information disclosure and risk prompt duty, establish the suitability rules, the establishment of punitive liability compensation system. Second, improve the supervision mode, perfect the supervision of the industry. Prominent banking association bank consumer protection duties, promote industry self-regulation construction; strengthen consumer education, enhance the awareness of rights protection; enhance the effectiveness of supervision, build effective complaint handling mechanism. Third, improve the judicial relief. The reversal of the burden of proof system, banks and consumers infringement litigation, the number of small, relatively decentralized, should set up the lawsuit mechanism and the representative action system timely, fast to maintain bank the legitimate rights and interests of consumers, to change the current situation of judicial protection.