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Legal System In China Financial Consumer Protection

Posted on:2014-06-06Degree:MasterType:Thesis
Country:ChinaCandidate:J XuFull Text:PDF
GTID:2266330425956450Subject:Law
Abstract/Summary:PDF Full Text Request
In the development of financial industry, the protection of financial consumer not only concerns the interests of consumer group, but also acts as the key to maintain the whole financial market’s stability, and has gradually become the most important goal of financial supervision in developed countries or regions. Our country is in the rapid transition period of economic development, the lack of financial consumer protection law and the rapid development of financial industry formed a sharp contradiction. Thus we need to refer to the reform practice of foreign countries or regions, perfect the written law, define the legal concept of financial consumer, confirm the scope of rights, install protection organization and dispute settlement mechanism; perfect the judicial process, explore the feasibility of small claims litigation and arbitration in law salvation; clear the role of financial institutions, build a diversified channel to receive consumer complaints in financial institutions, strengthen financial consumption education, so as to realize the protection of financial consumers’ legal rights.According to the idea of propose the question, analysis question, and solve problems, this paper is divided into five chapters:The first chapter is the summary of the historical background and the domestic and overseas research on financial consumer protection. Mainly based on the global financial crisis in2008, propose the legislative trends of financial consumer protection. And make a simple pectination of research at home and abroad.The second chapter is the summary of financial consumer protection theory and the analysis of financial consumer protection status in china. Through the defining the legal concept of financial consumer, points out financial consumers’ particularity and perspective the necessity of legal protection from economic and jurisprudential. angle. On this basis, in accordance with the principle of integrating theory with practice, elaborate the lack of subject status of financial consumer, the imperfect of China’s accountability mechanism, the block of dispute settlement mechanism etc.The third chapter is about the specific rights of the financial consumers and the game playing of all interests parties in the process. Through the analysis of financial consumer’s awareness right, even bargain right, privacy, and right of reimburse, to discuss the game playing among financial consumers, financial institutions and regulatory authorities in the realization of interests, analysis of the causes of the tortThe fourth chapter is to investigate the mechanism of financial consumer protection in foreign countries or regions. Britain, the United States of America, and Taiwan China were selected to explore the feasible and particularity about these regions’financial regulatory system, in order to provide references for construction of the system of the financial consumer protection in china.The fifth chapter is the assumption about constructing financial consumer protection system in our country, expounds views from legislative, judicial, law enforcement angles, put forward to suggestions of improving financial consumer protection in China, and reaffirm it should be an important goal of China’s financial reform.
Keywords/Search Tags:Financial Consumer, Legal Rights Protection, System Construction, FinancialRegulation
PDF Full Text Request
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