Legal Research On The Consumers' Rights Protection In Commercial Bank's Financial Management Services

With the development of social economy and the improvement of people's income level,more and more people focus their attention on financial market,and the bank has a high degree of trust,therefore,its financial products become the first choice for many consumers.According to the relevant data,as of the end of June2016,a total of 454 banking financial institutions to maintain financial products,the number of financial products is 68,961,and the book balance of financial funds is 26.28 trillion yuan.At the same time,along with the vigorous development of the banking financial market,what has increased is not only the bank's own business volume,but also the more and more consumer complaints,and even banking financial disputes.The financial crisis in 2007 made more countries realize the importance of the protection of financial consumers' rights and interests,and many countries began to carry out financial reforms after the crisis and strengthen the protection of financial consumers' rights and interests.China also realized that it is not enough to just pay attention to the regulation of commercial banking financial management,and is gradually discussing the protection of consumers' rights and interests in commercial banking financial services.However,the existing laws and regulations have the lower level of effectiveness and department regulations are mostly issued by the China Banking Regulatory Commission,in which the clauses involve the protection of financial consumers' rights and interests are scattered and unsystematic,and mainly bear administrative responsibility for commercial banks,but seldom bear civil liability for consumers.This paper attempts to discuss the feasible measures of protecting financial consumers' rights and interests in China's commercial banks in four aspects of system defects of non-guaranteed principal financial services,rules of appropriateness,lost order in bank financing and dispute settlement mechanism.In addition to the Introduction,the main contents are as follows:The first part is the problems and dilemmas in the protection of financial consumers' rights and interests in China's commercial banks.In this part,the author selects some typical bank financial disputes,and tries to find out the problems and dilemmas in the protection of financial consumers' rights and interests existing in the sales of financial products by China's commercial banks through these disputes.The second part is legislative status quo and deficiencies of the protection of financial consumers' rights and interests in China's commercial banks.This part first introduces the legislative status quo of the protection of financial consumers' rights and interests in China's commercial banks,and then analyzes the causes of financial disputes in real life from the perspective of legislation,involving non-guaranteed principal financial services,rules of appropriateness,lost order in bank financing,dispute settlement mechanism and other aspects.The third part is investigation and reference of legislation for the protection of financial consumers' rights and interests in foreign commercial banks.This part selects relevant legislation in three representative countries of the United States,Britain and Japan,and introduces the legislative experience and summarizes the lessons mainly from the fiduciary duty of financial services,rules of appropriateness,management of financial planner,dispute settlement mechanism and other aspects.The fourth part is legislative thinking and suggestion on perfecting the protection of financial consumers' rights and interests in China's commercial banks.This part has four aspects: First,bringing non-guaranteed principal financial services into trust legal framework and fiduciary duty of reference to explore the protection of consumers' rights and interests in non-guaranteed principal financial services.Second,improving the rules of appropriateness,and the legislative level and the specific contents should be improved.Third,strengthening governance of lost order in bank financing,mainly from the improvement of bank legal responsibility and reinforce of financial personnel management.Fourth,perfecting dispute settlement mechanism by improving non-litigation dispute settlement mechanism and litigation relief approach.