Stuty On The Suitability Rule Of "Financial Consumer Protection Law" In Taiwan Region

With the continuous development of financial innovation,the structure of financial commodity is increasingly complex,and it is more and more difficult for financial consumers to judge the risks of financial products.In order to make up for financial consumers in the professional knowledge and information access deficiencies,the suitability rule gradually developed into an important system to protect financial consumers.But the current mainland China has not yet been able to build a sound system of suitability rule,the provisions of the suitability rule are complicated and the standards are confusing.On the contrary,China's Taiwan region has promulgated "Financial Consumer Protection Law " and taken it as the center to build a more appropriate system of suitability rule."The Financial Consumer Protection Law" clarifies the connotation of suitability rule,the civil liability and the dispute settlement mechanism,and provides an important system guarantee for the protection of financial consumers' rights and interests.Therefore,based on the suitability rule of "the Financial Consumer Protection Law" in Taiwan region,this paper analyzes its advantages and shortcomings,reviews the suitability rule in mainland China,attempts to improve the development of China's mainland suitability rule,and puts forward some suggestions.The full text includes three parts:introduction,main text and conclusion,and the main text is divided into three chapters.The first chapter introduces the subject and object of the recommendation of financial products,the theoretical basis and connotation of the suitability rule,and summarizes the relevant legislation of Taiwan's suitability rule.On this basis,the chapter proposes to perfect the classification system of investors in Taiwan region,and establish the identity conversion mechanism between professional investors and non-professional investors.The second chapter starts from the judicial practice of Taiwan region and takes the judicial case as the breakthrough point.It analyzes the disputes and problems in the application of the suitability rule.In view of the focus of the controversial issue,this chapter puts forward that the purpose of investment should be used as the primary criterion for the consideration of the suitability rule,and that the suitability rule and the duty of disclosure are independent of each other.which means that the suitability rule should be the primary obligation to determine whether the financial promotion is appropriate.Finally,it is clear that the suitability rule should belong to a special tort conduct,and should be applied to doctrine of presumptive.For the active financial consumers,it is considered that the financial services industry to fulfill the warning obligations to be exempt from the rules of fitness.The third chapter focuses on the mainland of China,first of all it introduces the legislation and judicial situation of the suitability rule of mainland China,and points out the shortcomings in the suitability rule.On the basis of this,this chapter puts forward three major suggestions,such as constructing a complete legal system of the suitability rule,perfecting the basic content of the suitability rule and optimizing the dispute resolution mechanism.