Study On The Demonstrative Obligation Of Bank Financial Products

During the development there are corresponding problems,only to detect them and take measures to solve them could we make things move forward.The development of financial products market is no exception.As the rising of financial products market,there are problems coming out.In order to regulate the behavior of banks selling financial products,and protect the lawful right and interests of consumers,the most important thing is to regulate obligation to explain when selling financial products for banks.Only in this way can we help consumers make rational purchase decisions,and reduce the contradiction and disputes between bank and the consumers,and promote the whole industry of financial product.This paper chose the demonstrative obligation of bank financial products as the theme,and discussed it from four aspects.The first chapter introduces the concept of the obligation,as well as its strict distinction,continuity and mandatory characteristics that make it different from general ones,and to illustrate its theoretical basis,which include the principle of honesty and credit theory,the principle of justice theory,terms of format contract theory and the theory of consumer protection.The second chapter elaborates how to fulfill the obligation to explain,firstly puts forward the principle we should comply with when performing the obligation from "the static level",secondly from "the dynamic level" distinguished different contents to be explained in different stages,and introduces oral and written these two different ways to perform.The third chapter discusses the deficiency of current financial products in banks from the legislative provision,as well as problems in the actual performance of the bank.According to problems put forward in the third chapter,the fourth chapter first proposes that we should establish the standard of the explaining obligation,in the next place we should clear the civil liability of breach the obligation,strengthen the supervision on financial products industry,and provide convenient relief channels and proper tilt protection of consumers.