Study On The Financial Consumer Dispute Resolution Mechanism

In recent years, more and more people are concerned about the financial consumer dispute resolution mechanism. The rights awareness of financial consumer is getting stronger. Addition to rely on the financial markets and economic order to be adjusted, the relationship between financial consumers and financial institutions also need a perfect financial consumer dispute resolution mechanism to resolve financial consumer disputes and conflicts between consumers and financial institutions of finance. The current financial consumer dispute resolution mechanism of china still have many shortcomings, so we should built a more perfect financial consumer dispute resolution mechanism. Therefore, we focus on financial consumer dispute resolution mechanism problems make some sound advice.Excepting the beginning of the introduction and epilogue ending total, this paper is divided into four chapters.The first chapter is an overview of the financial consumer disputes settlement mechanism. Here, the main introduce is the meaning and characteristics of financial consumer finance consumer disputes and understanding on financial consumer dispute resolution mechanism. For the concept of financial consumers, I believe that consumers should include both financial investors in the capital market, including high-risk investors, meaning that, in the transaction, consumers do not have the financial expertise and they ere in a weak position, they do this is for the purpose of financial needs and purchase and use of financial products or natural or legal person to accept financial services.The second chapter describes the financial value of consumer dispute resolution mechanism and the function of it, the value is include of the major efficiency value, fair value and order value. The functions include that it is an important way to consumers obtain financial relief, the security way to protect the financial consumers’ legitimate rights and interests of relevant laws to be implemented, and it is conducive to maintaining orderly financial markets and to help to stabilize the financial consumer confidence in the financial consumption.The third chapter describes the contents of the status quo of China’s financial consumer dispute resolution mechanisms and problems. The status quo of China’s financial consumer dispute resolution mechanisms including legislative status quo situation and practice. The author analyzes the main problems existing in China’s financial consumer disputes in accordance with the status quo of China’s financial consumer dispute resolution mechanism. I think that our financial consumer dispute resolution mechanism has existing the following problems: First, the concept of financial consumers in the field of consumer finance has not been a common understanding, there are many views. Second, the lack of financial mechanisms to resolve consumer disputes legislation. Third, China’s consumer finance litigation dispute resolution mechanism mechanisms and non-complaint mechanism exists efficiency is not high, professional problem is not strong. Fourth, China’s financial consumer disputes to resolve the problem of lack of authority mechanisms that exist in non-complaint mechanism. Fifth, the lack of class action litigation mechanisms and issues of public interest litigation filed body. Sixth, the convergence of litigation and non-litigation mechanism is not strong.The fourth chapter is trying to make some suggestions based on our financial consumer dispute resolution mechanism problems and making it more perfected. I believe that the following aspects should be carried out to improve: First, the concept of financial consumers should be clear in our legislation; the second is to improve financial consumer dispute resolution mechanism in the legislation; The third is to establish non-complaint handling financial institution specializing in consumer disputes; The fourth is to improve the system of collective relief and expand the scope of the subject of public interest litigation filed; The fifth is to coordinate the relationship between litigation and non-litigation mechanisms mechanism, so that litigation and non-litigation mechanisms could be more convergence.