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Research On The Protection Of Consumers' Rights And Interests In Internet Finance

Posted on:2020-08-06Degree:MasterType:Thesis
Country:ChinaCandidate:F LiFull Text:PDF
GTID:2416330602966888Subject:Economic Law
Abstract/Summary:PDF Full Text Request
In the era of "Internet+",Internet finance has developed rapidly.Various types of emerging businesses are constantly emerging,entrepreneurial opportunities are constantly evolving,and the total economic output has increased substantially.However,while its rapid development,some security risks have followed.In real life,the incidents of Internet financial consumer rights violations abound.For example,the P2P network lending platform runs in violation of consumer funds security,and Internet payments infringe consumers'personal information security.At present,there are still many problems in the protection of consumer rights.For example,the legislative system is not perfect,the supervision mechanism is not complete,the behavior regulation of the institutions is not perfect,and the consumer rights protection mechanism is not perfect,which makes the Internet financial consumption infringement prevention and dispute relief exist.More difficult.Therefore,the protection of the rights and interests of Internet financial consumers needs to be strengthened.Only by ensuring that the rights and interests of Internet financial consumers are not impaired can consumers be assured of entering the Internet financial market to promote the healthy and stable development of Internet finance.This paper uses system induction,empirical analysis and comparative analysis to explore the status quo and problems of Internet financial consumer rights protection in China,and draw on the mature development experience of the United Kingdom and the United States outside the country to propose the corresponding laws for the protection of Internet financial consumer rights in China.solution.This paper is divided into five parts.The first part is the introduction part,which mainly introduces the research background and significance of Internet financial consumer rights protection,as well as the theoretical research status at home and abroad and the research content and ideas of this paper.Firstly,it introduces the background of Internet financial consumer rights protection and proposes to strengthen the protection of Internet financial consumer rights.This paper introduces the theoretical research content of domestic and foreign protection of Intermet financial consumer rights and provides a theoretical basis for the protection of Internet financial consumer rights in China.And introduce the research content and ideas of this article.The second part is the overview part,which introduces the relevant information about the protection of Internet financial consumer rights,including the concept and mode of Internet finance,the concept of Internet financial consumer,the overview of Internet financial consumer rights,and through the particularity and consumption of the Internet financial industry.The particularity of the people and their rights and interests is analyzed to explore the particularity of their rights and interests.The third part introduces the current legislation on the protection of Internet financial consumer rights.According to the status quo,the current Internet financial consumer rights protection has the following problems:the legislative system is not perfect,the supervision mechanism is incomplete,and the behavioral regulation of the employees is not perfect.The rights protection mechanism is not perfect.The fourth part proposes to learn from its mature experience,such as "regulatory"sandbox" and fund third-party custody system,by comparing the relevant content of the protection of Internet financial consumer rights between the United Kingdom and the United States.The fifth part discusses the recommendations on the protection of Internet financial consumer rights.In view of the problems in the protection of Internet financial consumer rights in China,such as legislative and regulatory deficiencies,the lack of legislation on the behavior of employees and the relief of consumer rights are based on the United Kingdom and the United States "regulatory sandbox" and the third-party trusteeship system.Based on the practical experience,it puts forward suggestions on the protection of Internet financial consumer rights in China.That is to improve the existing legal framework in China,improve the legislative level of Internet financial consumer protection,and improve the current legal norms;at the same time,it is necessary to improve the consumer protection function of Jinwelthui,and the regulatory agencies will lead the implementation of the "regulatory sandbox"."Testing mechanism,strengthen the self-discipline of the Internet financial industry in the industry associations;in the management of Internet financial institutions,improve the behavioral regulation of the institutions,mainly to regulate the infringement of the institutions;to improve the consumer rights,to improve consumers The rights protection mechanism,the development of the consumer rights relief mechanism of the industry association,the construction of the Internet financial supervision complaint mechanism,the implementation of the Internet financial network arbitration system,the establishment of Internet financial consumer public interest litigation.To improve the infringement prevention of Intermet financial institutions and the post-hoc relief of Internet financial consumer rights from the macro-legislative system and regulatory mechanism,and then improve the specific behavior regulation and consumer rights relief mechanism of micro-employment institutions.Carry out specific institutional arrangements.It will foram pre-and post-protection damage to the Internet financial consumer rights,macro and micro protection,and comprehensively protect the legitimate rights and interests of Internet financial consumers.The innovation of this paper is to propose the improvement of the consumer protection function of the Financial Stability Development Committee and the application of the "regulation sandbox" in protecting the rights and interests of Internet finance consumers.It is creatively proposed to set up a special committee for financial consumer protection under the Financial Stability Development Committee to play the role of supervision and coordination of Jinwenhui,and at the same time improve the uneven distribution of resources caused by the establishment of internal consumer protection bureaus by various regulatory agencies.The protection bureau's effectiveness level is too low.Secondly,the satisfactory results of the British "supervised sandbox" test proposed a solution to the contradiction between financial supervision and financial innovation.China can learn from the British experience in some areas to carry out "regulatory sandbox" trials and promote the country,which can solve the problem of regulatory lag in time,thereby defusing the financial risks that the regulatory authorities can not foresee,and safeguarding the rights of Internet financial consumers.With the continuous innovation of financial business,Internet financial risk events will continue to emerge,and the protection of the legitimate rights and interests of Internet financial consumers should also be strengthened.To strengthen the protection of the legitimate rights and interests of Internet financial consumers,it is necessary to give legal basis in legislation according to current problems,to give macro-planning in supervision,to specifically regulate the behavior of employees,to provide institutional guarantees for consumer rights protection,and to effectively protect financial innovation.The legitimate rights and interests of Internet finance consumers promote the healthy development of Internet finance.
Keywords/Search Tags:internet finance, internet finance consumer, consumer rights, regulatory mechanism, rights protection mechanism
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