The Protection Of Consumers' Right To Know Of Personal Products In Commercial Banks

With the development of Chinese economy,financial market,financial products and services innovation have been increasing.With the increase of people's personal wealth,the financial consumer group has been growing,commercial banks financial products more and more favored by financial consumers,as well,financial reform has been deepening.However,the development of financial industry bring new impetus to the economy of our country,when violations of consumer rights in the transaction of financial products become increasingly prominent problems.Likewise,the wealth management business develop rapidly.At the same time,many problems have been exposed.Especially the right to know,the basic guarantee of realization of financial consumer rights,is more vulnerable.As commercial bank's personal financial products consumers(hereinafter referred to as the "financial consumer" or "personal financial consumers"),the right to know is the consumption of the premise,the realization of other rights and interests of financial consumers also depend on this.So,we must strengthen the protection of financial consumers' right to know.Besides introduction and conclusion,this article divides into five chapters:The first chapter is the overview of protecting consumers right to know about commercial bank's personal finance products.This chapter is the basis of full paper.First of all,it introduces the basic meaning of commercial bank's personal finance products,analyzes the Chinese relevant provisions for current financial products,and introduces some views of academia which author agrees with.secondly,it analyses the nature of commercial bank's personal financial products,briefly introduces the theory and viewpoint of financial products,briefly introduces the classification of bank financial products,including the classification of the academic community and the criteria for the identification of the authority.thirdly,it introduces the related situation of commercial banks personal financial products for consumers the concept of financial consumers,including commercial banks,personal financial products to consumers,the analysis of related concepts as the basis of writing text.In the second chapter,author introduces the consumer's right to know of commercial bank's personal financial products.On the one hand,this chapter introduces the proposing of the consumers' right to know of commercial bank's personal financial products.on the other hand,it analyzes the content of consumers' right to know of commercial bank's personal financial products.It mainly analyzes the content of financial consumers' right to know from three angles,including the right of financial consumers to get financial information free and fairly,the right to get financial information timely and effectively,and the right to get financial information accurately.The third chapter is about the protection of consumers' right to know about commercial bank's personal financial products.This is the focus of the full text.It is divided into two aspects:Firstly,this chapter introduces the basic theory of the protection of consumers' right to know about commercial bank's personal financial products.From the theoretical point of view,it analyzes the basis and necessity to protect financial consumers.Demonstration mainly contains two aspects,one is the foundation of law,the other is foundation of economics.From the perspective of law,the principle of good faith and the principle of fairness and justice in civil law are the important theory basis.In economics,demonstration has carried out from three aspects,including information asymmetry,the theory of efficient capital market hypothesis,conflicts of interest.Secondly,it analyzes the situation of the protection of consumers' right to know about commercial bank's personal financial products detailedly.It has been introduced from Legislation,judicature and administration,and has been demonstrated by case.The aspect of legislation introduces the current legislation on the right to know of financial consumers in China,including what the laws and regulations are,and the specific provisions in laws and regulations.Then it analyzes advantages and dis advantages of relevant laws and regulations with cases.The aspect of judicature analyzes some problems,such as financial dispute relief mechanism,and financial consumers' difficulties in proving.It is also demonstrated by relevant cases.The aspect of administration mainly introduces management model and special protection mechanism.The fourth chapter is the reference of foreign experience.First of all,this chapter briefly introduces the legislation of the protection of the right to know of commercial bank's personal financial products in the United States,the United Kingdom and the European Union.The comparison of financial legislation in western countries shows that there are many innovations and references.We can take full account of Chinese national conditions,through the use of these experiences to improve the protection of financial consumers' right to know.Secondly,on the basis of Chinese national conditions,it discusses the significance for our country.It mainly discusses the need to clear the status of consumers of financial products,strengthen the unified functional supervision,the establishment of specialized functional agencies.The fifth chapter is some ideas on the protection of the right to know of the personal financial products of commercial banks in China,and is also related to the legislative,judicial and administrative aspects mentioned above.In the legislation,the status of financial consumers in legislation should be made clear of,legislation should be more targeted,and the financial sector in the field of special legislation should be improved.In the legislation,we should stipulate the mandatory information disclosure system,and refine the duty of disclosure of commercial banks.Secondly,we should improve the judicial relief way and clarify the application of the principle of inversion of burden of proof.Finally,the administration should be unified supervision,special protection.I think,the protection system of commercial bank's financial consumers' right to know should be established from the legislative,judicial and administrative aspects.Then we could establish a sound financial market order.