Financial Consumer ADR Research

In recent decades, accumulating social wealth, the fast growth of our country. Has greatly improved the quality of life of ordinary people, but they are no longer satisfied with the existing way of wealth. A new type of wealth allocation way across time and space limitations, finance, through its goods and services to realize the consumption demand of consumers more in the future, by everyone’s favor. Meanwhile, disputes between the financial sector and consumers increasingly. A few years ago, the public does not recognize the financial consumer behavior belongs to a kind of consumer behavior, but a financial investment behavior. In such a case, the consumer is regarded as the same as the financial institution has a rational economic man, in solving conflicts of equal strength and status. But in reality, because the two sides a great disparity in strength, consumers are always in a weak position, their legitimate rights and interests is difficult to be protected.Recently, think the controversy between the two belong to the financial consumer disputes, is becoming more and more by scho lars, officials and the public’s approval. Financial consumption disputes with multiple, wide audience, the nature of the amount is small, the current domestic traditional dispute resolution mechanism, negotiation, mediation, arbitration and litigation, it is difficult to work effectively. The proposed to comprehensively deepen financial reform, the party’s 18 safeguard the legitimate rights and interests of financial consumers has been on the agenda. Therefore, constructing a suitable financial consumer disputes settlement mechanism is imminent. Outside have in-depth study in this aspect and establish a set of effective non- litigation alternative dispute resolution mechanism, financial ADR, its fair, efficient, cheap, convenient features, attaches great importance to by many countries and regions. The mechanism for resolving the contradiction between C hina’s financial industry and consumers have very important significance. This article attempts to FOS from Britain, the United States FINDR DR FOI, Taiwan of China, Hong Kong of China FDRC, Japan’s mature experience, combined with local resource advantages, arguments will be financial ADR import the necessity and feasibility of our country, to improve financial consumption non- litigation alternative dispute solution mechanism in our country. Put forward the establishment of quasi official nature of C hina’s financial consumer disputes resolution center(namely FCDRC), negotiation, mediation, adjudication as dispute resolution model, covers all consumption areas of the financial industry. Through external dispute solves the mechanism construction to promote the perfection of financial institutions internal dispute resolution mechanism in China. Crossing the boundary between economic law and the civil procedure law, creative combine both, from the perspective of entity and procedure, and USES the empirical analysis, comparative study and logical reasoning method, explore the improvement of financial consumer dispute resolution mechanism.