Research On Financial Consumer Dispute Mediation Mechanism

Under the background of the increasing attention of financial consumer protection and the emergence of alternative disputes resolution,the construction of financial consumer dispute mediation mechanism is also constantly advancing in China.At the same time,some shortcomings were also exposed during the construction of the mediation mechanism,so that the special requirements for the settlement of financial consumption disputes needed to be further improved.This paper summarizes the problems in the operation of the financial consumption dispute mediation mechanism,and comprehensively analyzes the problems from the perspectives of mediation organization,mediation rules,mediation system and other systems,and compares relevant practical experience inside and outside the domain.On the basis of drawing on the excellent experience inside and outside the domain,I put forward my own perfect suggestions.This paper is mainly composed of three chapters.The first chapter introduces the definition of financial consumption disputes and the unique advantages of mediation in the mediation mechanism of financial consumption disputes.This paper defines financial consumer disputes as financial consumer disputes with financial institutions due to the purchase and use of financial products and financial services.Financial consumer disputes not only have the characteristics of traditional consumer disputes,but also the specialties that arise fromthe financial sector.The particularity of financial consumption disputes puts forward special requirements for the construction of financial consumption disputes mediation mechanism.The construction of financial consumption dispute mediation mechanism should be based on the oblique protection of financial consumers as the basic concept,paying attention to the availability and convenience of mediation mechanism.And efficient.Mediation plays its value in the settlement of financial consumer disputes.On the one hand,mediation of its own desirability and confidentiality has functional advantages in the mediation of financial consumer disputes.On the other hand,the relevant laws and policies introduced in China are also financial consumer disputes.The practice development of the mediation mechanism itself,the interface between the mediation mechanism and other mechanisms provides the supply of institutional policies.The second chapter analyzes the problem of mediation mechanism of financial consumption disputes in China.The first section of the chapter expounds the status quo of China's financial consumer dispute mediation mechanism from the perspective of the construction of mediation organization and mediation mechanism.The second section of the chapter discusses the social credibility of mediation organizations,mainly because the current active rate of mediation disputes in financial consumption disputes is low,which is due to the lack of independence and professionalism of China's financial consumer dispute mediation organizations.The third section of the chapter discusses the procedural design of financial consumer dispute mediation rules,mainly in the current financial consumer's low availability to the mediation mechanism,and the dispute mediation efficiency is not high,because the current mediation rules are too emphasis on voluntary and mediators have limited authority and the programming of mediation rules still needs to be optimized.The fourth section of the chapter mainly discusses the connection between the financial consumption dispute mediation mechanism and other dispute resolution mechanisms,mainly reflected in the limited scope of the mediation agreement that can be effective through the docking and other connection mechanisms,and the need to obtain the effectiveness guarantee through the convergence process.The additional cost of theprocedure is due to the fact that the current judicial confirmation process is more applicable to the people's mediation agreement in substantive law and the connection procedure between the current mediation mechanism and other dispute resolution mechanisms is more complicated.This chapter not only puts forward the key issues in the construction of financial consumption dispute mediation mechanism,reveals the performance of the problem,analyzes the cause of the problem,and at the same time,in each section,the specific problem is combined with the practical experience inside and outside the domain to solve the problem.The path has been theoretically analyzed and feasibility study,in order to find an optimization plan that is in line with China's current situation.The third chapter puts forward specific suggestions for perfecting the current mediation mechanism of financial consumption disputes in China.Based on the reasonable reference domain and the advanced experience of advanced financial consumer dispute resolution in China,this paper proposes a solution that meets the current situation of China in view of the problems raised in the second chapter.In order to improve the social credibility of the financial consumption dispute mediation organization,it proposes to set up a mediation organization reasonably,promote the establishment of a mediator information disclosure system,and promote the mediator's professionalization process;in the optimization of financial consumption dispute mediation rules,propose a mediation initiation rule.Voluntarily make appropriate changes,promote the establishment of a small-scale quick-cutting mechanism,recommend the establishment of a neutral evaluation mechanism;promote the convergence of financial consumer dispute mediation and other dispute resolution methods,and propose to improve the convergence of the mediation mechanism and other dispute resolution mechanisms,Suggestions for creating a“one-stop” dispute resolution platform.