The Study Of Financial Consumer’s Litigation System

The dissertation, based on the civil litigation system and bonds to the property of financial consumer dispute, mainly aims to forming a special litigation system for financial consumers’legal action. The analyses are four aspects:the present situation of financial consumer dispute, the forms of action, jurisdiction rules and rules of proof. Firstly, approaches are used, such as studying domestic and foreign theories and cases, combining relevant theories with cases and comparing and analyzing in order to summarize the financial consumer’s vulnerability, the mass dispute and challenging. Secondly, a suggestion has been raised:financial consumer instituting general legal proceedings solely takes the first place, followed by Small Claim, representative action and public interest litigation. The suggestion also encourages that consumers who are in accordance with the conditions of small claim should fully use Small Claim. Due to the group feature of financial consumer, it is dependable that both representative action and public interest litigation, based on constantly improvement of legal action, will eventually play more and more important and indispensable role in diversifying remedy approaches. Despite the conditions of setting financial courts in China are absent, it still should be encouraged to set financial courts in eligible areas, to step out of the classification of Civil Cases when defining scope of accepting cases, to give the financial innovation cases some extent of judicial trial and error, and to make responsive institutional innovation to financial market. Thirdly, explores, based on territorial jurisdiction and level jurisdiction, should be taken on setting special jurisdiction for some special types of financial consumer. When the condition of setting financial courts is permitted, financial court which are equal to intermediate courts should be set by economic regions and be used to try the majority of second instance and a small amount of first instance. Lastly, analysis about burden of persuasion has been done among three types of financial consumers:debit card, bond and insurance. On one side, in contract dispute, the burden of persuasion of noncompliance can be reversed seeing that certain situations. On the other side, in infringement dispute, making presumption of fault or non-fault liability under the law, presumption of causal relationship to solve special financial consumer disputes.