Research On The Legal Protection Of Credit Consumer Rights And Interests

With the constant improvement of China’s market economy system, the financial market gradually prosperous, consumer credit business booming, has become the main force in the consumer credit consumer, On the one hand, to optimize the structure of bank assets, increase bank profits made a significant contribution, on the other hand, to stimulate consumption, stimulating domestic demand, promoting the sustainable development of national economy stable development played a huge role. However, in the actual process of credit business, credit consumer rights and interests are violated the phenomenon is increasingly prominent. In consumer credit legal relationship, As credit consumer’s scope is limited to personal or family, the economic strength, the control of social resources, cognitive ability, professional knowledge and so on compared with financial institutions are too wide, and financial institutions to provide financial information to form the unidirectional structure and the unreasonable use of credit format contract, make the credit consumers both in the credit contract negotiation stage, or in the process of credit contract, or in the process of dispute resolution is more weak position. Because of the weak position, in the negotiation and performance stage of contract, credit consumer’s right to know is not security, fair trade are eassily violated, the right to education non-existing. In the process of dispute resolution and right remedy, due to the system of dispute resolution mechanism is imperfect, the credit consumers didn’t also can get timely, effective and comprehensive protection. Based in the weak position of credit consumers, this paper analyzed the problems in the practice of credit consumer, and draw lessons from the foreign advanced experience in credit consumer rights and interests protection, to perfect credit consumer protection in our country put forward the corresponding Suggestions.The first part is basic theory of consumer credit analysis. First, this paper introduces the consumer credit, consumer credit, financial consumers basic concepts. Secondly, through the analysis of credit consumers and the connection and difference between financial consumer, it is concluded that the concept and characteristics of credit consumers. Finally, analyzed the credit the weak position of consumers.Papers in the second part is analysis of China’s credit consumer rights and interests protection present situation and existing problems. First, this paper introduces the related to the protection of consumer credit legislation in our country at present. Second, emphatically analyzes the credit problems of consumer protection legislation, credit consumer rights protection problems of the problems existing in the credit consumers relief system.The third part of the paper is the main national credit consumer rights and interests protection system and using for reference. First, this paper introduced the United States, Britain, Japan advanced about consumer financial and credit consumer protection legislation and system, which mainly introduced the legislation related to the protection of consumer credit and increasingly perfect legislation systemin these countries;special credit consumer protection agency; attaches great importance to the consumers’ right to know, fair trading right, the protection of basic rights such as right to education; effective rights relief mechanism. Secondly, through the introduction of foreign advanced technology of legislation and practical experience to get give me inspiration. Including attach great importance to the protection of consumer credit legislation idea, set up perfect credit consumer protection law system, strengthen the protection of consumer credit fundamental rights, set up specialized agencies to protect consumer financial.Thesis in the fourth part is to perfect Chinese credit consumer rights and interests protection Suggestions. First of all, the credit consumers’ rights and interests protection must follow the principle of economic law essence fair and tilt protection principle. Second, perfect the credit system of consumer protection legislation. Once again, to strengthen the credit consumers’ right to know, fair trade has, to protect the basic rights such as right to education. Finally, perfect the credit consumers relief system. One is accusing the perfect credit consumption disputes settlement mechanism, including set up special financial consumer protection agency and improve consumer arbitration system; Second, perfect the credit legal dispute settlement mechanism, including improve consumer protection public welfare lawsuit system and the reasonable allocation of the burden of proof.