Research On The Protection Of Consumer Rights And Interests Of Financial Products In Commercial Banks

Since the outbreak of the financial crisis in 2008, the world has strengthened the protection of the financial institutions, especially the commercial banks’ consumer rights and interests, which has become the primary goal of the reform of financial supervision in the world. Through comparing the legal experience of the United States, Britain and Japan on the protection of Bank Consumers’ rights and interests, this paper analyzes the shortcomings of the protection of financial products in China’s commercial banks.In addition to the introduction and conclusion, this paper is divided into four parts:The first part is about the theory of consumer protection of financial products, and then explain the main concepts, such as the financial consumers, bank customers, and so on. This paper further clarify the definition of consumer protection of financial products.The second part is mainly study on the status of China’s commercial bank financial products consumer protection, analyzes the current status of commercial bank consumer protection, and points out the most common commercial bank financial products, damage to the interests of consumers, including the right to know, property right, right of privacy, right to fair trade violations. Thus exposing the defects of the protection of the financial products of the commercial banks in the relevant laws of China. Among them, the legislative level is the main performance of commercial banks financial products consumer protection legal system is not perfect, the problem of the rights and obligations of different sales channels for financial products is not clear, the regulatory level of the problem is mainly reflected in the commercial banking financial products sales supervision is not in place, the responsibility of the main performance is the lack of commercial banks, the main performance of the dispute settlement mechanism is not perfect.The third part mainly introduces the legal experience of the protection of consumer rights and interests of commercial banks, including the protection of consumer rights and interests, including the perfection of the legal system of consumer protection, the establishment of a professional bank consumer protection agency, and a sound banking system.The fourth part is to strengthen the protection of consumer rights and interests protection of financial products in commercial banks. First perfect commercial bank financial products consumer protection of the relevant legislative system, both the "consumer protection law", "contract law" on the protection of bank consumers, but also the commercial banks and other specialized banking laws and regulations for the protection of bank consumers. Then according to the commercial bank financial products in the process of marketing tips to explain the problem of ambiguous obligations, to distinguish between commercial banks financial products different sales channels to explain the obligations of the measures. In addition, not only to strengthen the supervision of financial products in commercial banks, but also to improve the terms of commercial bank liability. Finally, the construction of a diversified dispute resolution mechanism, including litigation, regulation, arbitration and the three party dispute coordination mechanism.