Research On Problems Of Low On The Rights And Interests Of Bank Consumers In China

As the main financial institution in China,commercial banks play an important role in national economic development and the maintenance of the order of the financial industry.Banks operate various kinds of financial products and provide banking products and services to various types of consumers.It is a kind of more special industry.A bank belongs to financial consumer consumption,dependence and other characteristics of consumer content intangible,consumer goods is not easy to distinguish,consumption complexity,consumption process technology,and are also closely related with the level of education,economic strength,consumer spending habits,living environment,these properties are determined by the bank to consumers profit in the transaction with the bank in the process,and can not get peer information,also determines the high dependence of bank consumers for the bank to provide financial products and services.From a legal perspective,the basic rights such as fair trading rights,security rights,the right to know,the right to choose independently and the right to claim should be taken seriously.From a practical perspective,the bank needs to pay attention to protect their legitimate rights and interests of the consumers in the financial services,through industry self-regulation to make up for lack of current our country in the field of law,and resolutely put an end to arbitrary charges,unfair terms of format contract,consumers and the abuse of information security protection,information disclosure and other important improper misconduct for the bank belongs to consumers the phenomenon of infringement.However,in our country to strengthen the financial,involving the Internet financial products,personal loans and other related legislation today,all kinds of banking business in the actual operation,there are still problems to be standardized,such as banks offer consumers in the use of various types of bank products and services in the process,need to accept the terms of the contract established by the banks,in the contracting ability,information ability,negotiation ability is for banks in a vulnerable position.Occurs frequently in the bank violated their legitimate rights and interests of consumers phenomenon today,called for the strengthening of relevant legislation has become more and more intense,both for the bank itself for a long time for sustainable development,and to protect the interests of consumers,and even our country legal system construction level,have an urgent need to strengthen the study of bank consumer protection legislation the.The western developed countries due to their banking development history is much earlier than our country,the existing legal system after years of improvement has been more mature,and the bank shall become effective reference to improve the financial consumer protection laws and regulations of our country in practice,consumer protection legislation in the field of law enforcement,regulatory mechanisms,such as paying attention to the consumer even bargain rights protection,and improve consumers' personal information security legislation and improve the system,the popularization of legal knowledge,clear consumer banking regulatory agencies,industry associations related functions effectively play regulatory role,improve financial consumer complaint handling mechanism of banking information disclosure.In the current new situation,strengthen the legislation and related legal system construction bank consumer protection is a complicated system engineering,not only relates to banks and consumers two core subjects,but also relates to regulatory agencies,industry associations and other participants,is subject to our construction of social trend affected by the rule of law,not a short duration of time can effectively solve the.In short,as the legislation for China's financial sector is more and more intense,more and more cases of new type of bank consumer rights infringement,which highlights the current in our country have a lot of work to do bank consumer protection legislation and system construction,improve the supporting laws and regulations,regulatory and other aspects.China's existing laws and regulations and regulatory system has been very difficult to effectively protect the legitimate rights and interests of consumers.Many cases involving the rights of consumers of banks actually cannot be trusted.Nowadays,in China,vigorously reforming and improving the legal system,it has become the top priority to study the legal protection and institutional improvement of Bank Consumers' rights and interests.This research in the first chapter mainly expounds the basic concept of consumers,Banks,consumers,summarizes its characteristics,performance is highly dependent on bank service,higher disclosure requirements for Banks,on the premise of accept bank format terms,the purpose of the consumer diversity,consumer must provide detailed personal information,analyzes the basic bank consumers have rights,including the safety guarantee,right to know,to choose and fair trading right,right,right,right of supervision,association,etc.,studies the particularity of bank consumer rights protection in China,believe there is particularity and special rights and interests content consumption mode;In the second chapter,mainly research on the current situation of consumers' rights and interests protection for foreign Banks,say the United States consumer rights protection in the bank pays attention to fair trading right protection and improve the consumers' personal information security legislation,improve the banking information disclosure system,popularize knowledge of banking and consumer finance,clear regulators related functional and effective play a role of supervision industry association,the consumer rights and interests protection mainly is clear in the bank's financial basic law guarantee of legal protection for consumers,consumers the right to education fair trading right,pay attention to guarantee bank and clear regulatory organization setup and function allocation,perfecting the financial consumers complaints handling mechanism,it is concluded that the bank of consumers' rights and interests protection draw lessons from foreign experience as follows: establishing and perfecting the legal system of consumer rights and interests protection,comprehensive protection of consumers' right to know,set up specialized agencies to maintain bank consumer rights and interests;In the third chapter,mainly is the analysis of the problems existing in the protection of the rights and interests of consumers,from Chinese Banks mainly consumer safety rights protected in the bank(mainly bank system to record the personal information of consumers do not security,security obligation of bank consumer not property),bank the right to know of consumer lack of implementation(mainly bank mistake did not adequately provide service or product information,Banks in the process of providing services or products have the behavior of the improper persuasion),Banks,consumers three aspects of fair trading right is damaged,the cause of these problems mainly is the legal system is not sound,banking supervision and management is not in place,the lack of rights disputes mechanism,etc.;In the fourth chapter,mainly to perfect our country bank,some Suggestions were put forward for the protection of the rights and interests of consumers,think,first of all,to protect the safety of the consumer banking,bank of concrete is to improve consumer information security legislation,clear confidentiality obligations and legal responsibility,attach great importance to the protection of consumer financial information legislation,clear encroach on consumer information compensation standard,strengthen the banking internal "consumer information security protection,involved personnel management mechanism,attaches great importance to the internal consumer banking information protection technology security,Banks,to provide consumers with safe operating environment,strengthen the bank management place consumer information protection knowledge propaganda,the second is to perfect the protection of the consumers' right to know,the bank is to attach great importance to the protection of bank consumers' right to know legislation,strictly related information disclosure obligations,again is to strengthen the protection of bank consumer fair trading right and concrete should be reasonably adjust the banking unfair format and conditions stipulated in the contract,effectively regulate Banks unreasonable fees for consumers,demanding that Banks in business must,in accordance with the charge,the bank shall regularly to consumers open standards and its basis,set up a sound system of the financial sector of the public price.