The Problems And The Countermeasures Of Financial Consumer Disputes Settlement Mechanism

In the wake of the financial crisis,countries contributed to a tide of financial legal system reform,various financial services gradually penetrated into families,people have not only meet the storage in traditional f inancial borrowing,more to the credit card,online payment,finance and investment services,comes as a result of all kinds of disputes.Therefore,in order to the stability and development of the financial market,countries have established the financial system of their own character.They not only strengthened the legis lat ion of the financial consumption disputes,but also innovated on functional departments at the same time,which serves the financial consumers better.Our country also carried out innovative practice in the tide of financial legal system reform,created all kinds of different consumer financial protection agency,at the same time referenced to countries in financial consumer protection legislation,strive to build f inancial consumption disputes system with Chinese characteristics to protect the legit imate rights and interests of financial consumers.This paper based on the thought of Marxist rights,in view of the current system of financial consumer protection,so as to provide some valuable argument of establishing a more perfect financial consumer dispute resolution mechanism.Specifically,this paper mainly includes four parts:The first part mainly analyzed the concept of financial consumer,expounded how the consumer concept entered the field of financial consumer,it also analysis the current situation our country and characteristics of financial consumer disputes through actual cases,including the complexity and professional of financial consumer disputes,the weak position of financial consumer and the difficulties to resolve financial disputes..The second part mainly through the theory of equity,freedom and its importance to discuss the financial consumer disputes settlement mechanism by combining Marxist right ideas and explain f ive relief ways including financ ial inst itutions internal sett lement,the people's mediation,administrative mediation,financial arbitrat ion and judicial action to analysis the problem of financial consumer dispute resolution mechanism in our country,including int eroperability is not strong,financial regulators bind insufficient and the lack of legal system of financial consumption and specialized agencies.The third part mainly through the financial regulatory pathway represented by Consumer Financial Protection Bureau and F inancial Consumer Agency of Canada and through Independent third party institut ion way of resolving dispute represented by Financial Ombudsman Service to analys is the present situation of foreign f inancial consumption disputes and their system construction,through comparing with our country's financial consumer dispute resolution mechanism to find what we should learn.The fourth part,I put forward my own opinion according to the status quo of financial consumer dispute resolution mechanism,including the financial consumer protection legislation,building a diversified dispute settlement mechanism,and strengthening financial consumer rights protection consciousness,guided by the Marxist rights thought promoting effective idea of the financial dispute resolution in our country,promoted effective ideas of the financial dispute resolution in our country guiding by the Marxist rights thought.