Research On The Plight And Legal Countermeasures Of Protection For The Banking Consumers’ Right To Know

Banking consumers’ right to know is not only the premise of bank financial consumption, it is also the basic right for the banking consumers to achieve other rights. However, with the growing prosperity of the financial market, more and more complexity, specialization and diversification are showed in the relevant financial business. Compared with the banking consumer, the banking financial institution is in a strong monopoly situation. The phenomena such as the opaque information, the insufficiency of the risk warning and the misleading propaganda.In the trading process lead to all kinds of violation to the banking consumers’ right to know. However, there are many defects in the legal protection of the banking consumers’ right to know in our country. In this paper, analysis from the protection concepts, an overall protection framework and concrete protection systems, as well as perfecting measures which are learned from the advanced experience of other countries are also put forward aiming to maintain the banking consumers right to know from a systematic view.The thesis consists of five parts:PartⅠdescribes the basic concepts of the banking consumers right to know. Thorough an analysis of the relationships between banking consumers and financial consumers, a precise definition of banking customers is first given in this part. The concept of banking consumers’ right to know is summarized on the basis of the traditional consumers’ right to know and the characteristics of the banking industry itself. This part gives an in-depth analysis of the characteristics and the basic content of the banking consumers’ right to know in order to highlight the differences between other financial consumers.Part Ⅱanalyses the theoretical basis for the protection of banking consumers right to know. This part gives an analysis on the theory of asymmetric information, effective capital hypothesis and the "twin peaks", which highlights the plight of China’s banking consumers’ right to know. The necessity of protecting the consumers’ right to know is also embodied. These theories provide a strong theoretical support for the protection measures of the banking consumers’ right to know in the subsequent parts.Part Ⅲ mainly analyzes the plight of the protection for the banking consumers right to know in China. On the basis of the relevant laws and regulations about banking consumers’ right to know,this section mainly focuses on the plight of the banking consumers’ right to know from the aspect of legal system, industry regulation and self-discipline, and the judicial relief.PartⅣintroduces the legal protections of the banking consumers’ right to know in other countries, including the United States, Japan and the UK. The laws and regulations, in these countries give a profound reflection of protection for the banking consumers’ right to know in our country.Part puts forward perfecting legal countermeasures to protect the banking consumers’ right to know in our country. Systematic protection measures are given from three aspects of protection concept, an overall framework and specific protection measures.