Research On Internet Financial Consumer Dispute Resolution Mechanism

Internet Finance is the product of the combination of mobile Internet technology and traditional financial,as a new field,which has the characteristics of Pratt & Whitney,revolutionary and innovative.Internet financial consumer disputes occur between financial institutions(platforms)and financial consumers.The financial industry itself has a high risk,high profit properties.In the process of Internet financial transactions,financial institutions often infringe upon the legitimate rights and interests of financial consumers in pursuit of profits,resulting in frequent financial consumer disputes.In the process of trading,financial consumers always in a weak position.At present,China has established a conciliation,mediation,arbitration and litigation of civil and commercial disputes settlement mechanism,however,in the face of the increasing number of the increasingly complicated Internet financial consumer disputes,the existing civil and commercial dispute settlement mechanism can not effectively solve the Internet financial consumer disputes.In order to solve this problem,the CPC Central Committee on promoting a number of major issues of governing the country according to law decision is put forward to perfect the social mechanisms to resolve conflicts and disputes prevention,improve the mediation and arbitration,administrative adjudication,administrative reconsideration,litigation and other organic convergence and mutual coordination of the diversified dispute settlement mechanism requirement.The Internet financial industry "the basic law""on promoting the healthy development of Internet financial guidance,also put forward to protect the legitimate rights and interests of consumers of Internet banking,construction site,online dispute resolution of reception and supervision departments to accept the complaints and the third party mediation,arbitration and litigation of diversified dispute settlement mechanism.Since then,China has begun to explore a series of Internet financial consumer dispute resolution mechanisms,such as the establishment of the Shanghai financial consumer dispute mediation center,the Guangzhou arbitration commission network arbitration platform.The first part of this paper is mainly about the definition of related concepts.The author first defines the concept and characteristics of Internet Finance and its difference from traditional finance;secondly defines the concept of financial consumers,and points out the necessity of protecting the location;re introduced the connotation,the Internet financial consumer disputes the characteristics and types of necessity;finally the definition of Internet financial consumer disputes settlement mechanism of diversification and its construction.The second part of this paper introduces the status quo of China's Internet financial consumer dispute resolution mechanism.First of all,the author combs the current legislation of China's financial consumer protection and financial consumer dispute resolution mechanism.Secondly,it introduces several existing financial consumer dispute resolution mechanism in china.The third part of this article is the comparative study of the financial dispute settlement mechanism of the internet.In the United States and Britain as a reference to the United States,first introduced the United States law on Internet financial consumer protection and the situation,and then examines the current U.S.complaints,arbitration and litigation and other financial dispute settlement mechanism;in Britain,in addition to the introduction of English law to define and protect financial consumers,is introduced in detail the mechanism of FOS in britain.The fourth part of this paper is to explore and analyze the plight of China's Internet financial consumer dispute resolution mechanism.The author first introduces the situation of Shanghai City,the financial consumer dispute mediation center,Beijing Xicheng District court,Guangzhou Arbitration Commission Arbitration network platform operation mechanism,and then analyzes the dispute settlement mechanism in China Internet financial consumption of the existing legal system is not perfect,depending on the procedure oriented and non litigation dispute resolution mechanism is not perfect and so on.The fifth part of this paper is to improve the Internet financial consumer dispute resolution mechanism.We should take the following countermeasures: first,improve relevant laws and regulations;second,construct a set of "financial institutions internal complaint handling alternative financial consumer dispute resolution(administrative processing,third party mediation and arbitration)mechanism to solve progressively lawsuit" diversified financial consumer disputes;third,to explore the Internet financial consumer disputes online settlement mechanism construction.