On The Legal Protection Issues Of Bank Consumer Rights In China

To protect the interests of the bank consumer law is a kind of new rights, existing related law system doesn’t have effective protection, how to protect the rights and interests of consumers from Chinese Banks become a big problem.In 2014 "consumer rights and interests protects a law" the regulation of the financial consumer also wants to protect, but the law of the provisions of the financial consumers only made a general to protect the financial information of consumer rights and interests still exist many defects and deficiencies, and no detailed discussion on how to protect the consumer rights and interests of bank regulation.Banks including bank financial products consumers right to know of the right to know, the trading process of right to know, right to know of regulatory policy and information, and knowledge of right to know of relevant bank bank consumer requires a fair and free, timely, accurate real access to information quickly, and the protection of the consumers’right to know of the Banks in our country there are many problems, such as information asymmetry, the conflict between financial regulation theory and consumer protection, the obligation of disclosure content and procedural safeguard.Fair trading right bank consumers require Banks to follow the principle of fairness, honesty and credit, bank of consumers justice of exchange is in our country from all aspects, the reason was that the bank does not regulate the behavior of persuasion, the wrong format clauses apply, supervision mechanism is not sound, the violation due to the imperfect of legislation, our country the commercial bank personal financing business management interim measures", "on the commercial bank to develop personal financing business risk warning notice while the regulation, the content of the adequacy rules have little impact on the effectiveness level is too low, lack of systematic regulations, responsibility, compensation standard fuzzy, these go against the protection of bank consumer fair trading right.The important content of bank consumer safety authority is adequate supervision system, the system has carried on the classification to the financial consumers, consumers should be brought into the concept of retail customers, according to different classification, bank recommended products, financial institutions to provide protection and compensation standards are differentiated, but the system still exist some shortcomings, such as credit eligibility in the field of regulation is weak, lack of supervision means, and so on are the Banks to the safety of the consumer rights are violated.When consumers deal with the bank, has revealed the personal privacy of huge amount of information, such as personal identity information, property information, credit information, consumption habits and other personal information in the process of business to conclude, etc.Therefore, consumer privacy protection is very important to a bank, there is no special legislation to protect personal information, for financial institutions to collect, use, processing and exchange consumers personal information constraint is not clear, clear, and weak penalties of illegal leakage of personal information failed in its purpose to protect the privacy of personal information.Therefore, in order to better realize the protection of consumer rights and interests of the Banks, our country should draw lessons from foreign mature and effective theory, establishes a set of perfect information disclosure system, increase the comparison system of information disclosure, strengthening the active prompt and bank information disclosure, and strengthen the supervision of the banking sector and management, a clear responsibility to protect consumers’ rights and interests of the Banks, improve the system of banking supervision.