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Research On The Consent Rights Of Internet Financial Consumers

Posted on:2020-10-07Degree:MasterType:Thesis
Country:ChinaCandidate:T ZhuFull Text:PDF
GTID:2416330572975783Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
As an emerging field of innovative combination of Internet and finance,Internet finance is gradually growing into a new economic growth point.While Internet finance has brought momentum to economic development,it has also brought great convenience to the daily life of the people and investment and financial management,and further deepened the generalization of finance.However,behind the many benefits brought by Internet finance,its hidden risks and crises can not be ignored.Among them,the issue of consumer rights protection closely related to Internet financial consumer subjects has caused widespread discussion.To this end,this paper mainly tries to study the issue of Internet financial consumer protection with the following ideas:Firstly,the reasons,background and research significance of the problem are explained in the introduction.Secondly,in the body part,the personal information protection problem in reality is proposed.Then,analyze the deep-seated causes of the problems,the necessity of these problems to be solved and the multi-angle analysis of the Internet financial consumer's consent system at various levels such as the construction of the rights system and the path of the treatment.In the first part,starting from problem-oriented,the problems encountered in the implementation of the system of consent in social practice are analyzed from the perspective of the subject,and the special status of the system of consent in the Internet finance industry and the system of constructing the consent system are defined.The grim situation;in the second part,based on the necessity,analyze the causes and formation paths of the problem.In combination with theoretical argumentation,practical phenomena,and legal system,it is discussed why the personal information protection legislation is still proposed under the existing legal system,and why the special consent right is still proposed under the current"information-agree" rule;In the third part,this paper takes the EU and the United States with different legislative characteristics as an example,through the study of personal information protection legislation in the field of comparative law,in order to draw the experience of developing the consent system in the Internet finance field.At the same time,the independent legislation of various industries in the United States also provides a reasonable basis for China's special provisions on data security in the Internet field.In the fourth part,the paper firstly clarifies the theoretical basis of the legal nature of the right to consent and the scope of protection of rights.Four angles discuss the right to form the right to consent,clarify the infringement requirements,and then set up self-reliance,special judicial relief and other remedies to improve the system of consent;finally,in the conclusion part,express the protection of personal information in the Internet financial field.Confidence and the prospect of further development of the theory of consent rights in the future.
Keywords/Search Tags:Internet fiance, consumer rights, data security, Right of consent
PDF Full Text Request
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