Research On The Legal Regulation Commercial Bank Service Charge

With the development of market economy, each big commercial Banks have gradually established its own services, the transferor to financial consumer service fee, on the one hand is to make up for the cost, on the other hand, in order to improve the service level, this is China’s commercial Banks to deepen financial reform, and the important measure of the international commercial bank. Due to an expansion of the scope of commercial bank service charge, the Measures for the Administration of the Commercial Bank Service Price has been introduced in 2014, compared with the Interim Measures for Commercial Banks Service Price Management, its content is more rich, more detailed requirements. New Method will be priced commercial bank is divided into three classes of the government-set and guided prices and market regulation, increased the government pricing, and in such aspects as policy makers have some change, makes the commercial bank service charge price more reasonable, more justice program. Although the policy of Method to a certain extent, to strengthen the service price regulation law of commercial Banks in China, but financial industry development speed very quickly, the revised Method is still not perfect, and there is not reasonable, need further modification.In addition to the imperfection of the relevant laws and regulations, at present our country legal regulation for commercial bank service charge in existing legislation system chaos, the existing problem of the unreasonable legal provisions. Laws and regulations to the problems of commercial bank’s pricing power subject qualification regulations contradict each other, department regulations and ignored the government of the people’s bank of pricing principal role. At the same time, the independent pricing power of commercial Banks is too broad, regulation of pricing procedure is not reasonable. In addition, the commercial bank service charges itself was not enough sound reasonable at the same time, China’s relevant laws and regulations on the financial system of consumers and the protection of the vulnerable groups is not perfect, the lack of financial consumers and special protection of the vulnerable group, and these have caused chaos in the our country commercial bank service charge, harm the interests of financial consumers.According to the above problem, we can refer to draw lessons from overseas commercial Banks in developed countries and regions charging system, such as America, Britain and Hong Kong, absorb their experience, combined with the actual situation of our country, to perfect our legal regulation of commercial bank service charge. First of all, we have to establish a perfect legal system of commercial bank service charge, introducing the government guidance price set price hearing procedure, standardize market regulation, at the same time improve the commercial bank service fee dispute resolution mechanism. Second, consumers should pass laws and regulations to strengthen and vulnerable groups the protection of the legitimate rights and interests in the financial services, mainly to perfect the financial consumers’ rights and interests protection legal system, the legal protection of vulnerable groups to build commercial bank service charge system. Finally to perfect the law, the commercial bank service fee strictly limited scope of independent pricing of commercial bank, perfect service fee pricing procedure.