On The Protection Of Financial Consumers’ Rights By Way Of Antitrust Private Litigation

The rapid growth of financial markets has led to the formation and growth of financial consumers in our country.However,with the deepening of financial innovation,the problem of financial consumption tort is becoming more and more serious,and the protection of financial consumers is getting more and more attention.The main law of current protection of financial consumer rights is consumer protection law,anti-unfair competition law and anti-monopoly law,among them,the consumer protection law mainly adjusts the trading relationship between the operating subject and the consumer,the anti-unfair competition law adjusts the transaction relation between the business entity,the anti-monopoly law fundamentally protects consumers’ purpose through the maintenance of market competition.Though,the three laws are all to protect consumers,but the former two law enforcement mainly depends on the public right organs,in the current situation of our country,the law enforcement of the public authority is not effective in protecting consumers’ interests,but the anti-monopoly law can provide direct and effective relief,which is antitrust private litigation.At present,only from China’s anti-monopoly law on the situation of private litigation regulations,the first question is how to design effective procedure rules to give play to the superiority of antitrust private litigation system and avoid the problems that may arise in the application process.If we can further improve and improve our anti-monopoly private litigation system under the precondition of program guarantee,it is not only beneficial to the protection of financial consumer rights and interests,but also to the implementation and implementation of anti-monopoly law.This paper is organized as follows:the introduction,the main body and the conclusion.The main body consists of four chapters:The first chapter analyzes the necessity of protecting the rights and interests of the financial consumers.By analyzing the form of financial monopolistic action against financial consumers,the laws of antitrust and consumer protection laws differ in protecting the interests of financial consumers,and antitrust private litigation has the advantage of protecting financial consumer rights,it finally shows how important it is to perfect antitrust private litigation to protect the rights of financial consumers.The second chapter introduces the antitrust private litigation protection of financial consumer rights and interests of theoretical basis.Based on the basis of the forensic science foundation,the basic economic foundation and the judicial relief theory,the rational and the necessity of the existence and development of the private litigation of the financial consumer has been analyzed,and it is the basis for the discussion of the solution.The third chapter,from the perspective of extraterritorial experience,analyzes the United States,the European Union and Japan and other countries and regions in the development of antitrust private litigation,study in group lawsuit system,distribution of burden of proof and compensation system on the advanced experience,the establishment of related system in our country provides a good reference.The fourth chapter draw lessons from the United States,the European Union and Japan’s financial consumers antitrust private litigation related systems,starting with the introduction of group litigation,perfecting the burden of burden of proof,and three times the damage to the damages,to improve our country’s anti-monopoly private litigation system,in order to create a favorable institutional environment for the private litigation of financial consumers in our country.