Research On The Arbitration Mechanism Of China's Financial Consumption Disputes

With the diversified development of modern financial goods and services,coupled with the catalytic role of the Internet,the types of financial consumption disputes are diversified.In view of the financial consumption dispute,there are domestic complaints,mediation,arbitration and other diversified non-litigation solutions,at the same time,litigation is the main way to deal with financial consumption disputes,a large number of cases through judicial means to resolve.However,arbitration as an important solution,there are shortcomings in dealing with financial consumption disputes.In the basic theory of the arbitration mechanism of financial consumption disputes,there is no clear and unified definition of the concept of financial consumption disputes,and there are different opinions.Moreover,the high cost of arbitration,the lack of arbitration authority and professionalism,and the difficulty of preservation measures and execution hinder the play of arbitration advantage,and then affect the applicability of arbitration in the field of financial consumption disputes.Therefore,the financial consumption dispute arbitration mechanism from the establishment to the sound needs to be further improved.This article takes the financial consumption dispute as the entrance,carries on the systematic research to our country how to construct the perfect financial consumption dispute arbitration mechanism.This paper intends to define the concept and characteristics of financial consumption disputes,and empirically analyze the existing problems of China's financial arbitration institutions,so as to conceive the perfect path of the arbitration mechanism of financial consumption disputes.This article mainly explores from the following sections:Firstly,it is mainly to clarify the basic theory in the arbitration mechanism of the financial consumption dispute.In combination with the characteristics of the financial consumer and the financial consumption dispute itself,the research direction of the financial consumption dispute is determined.Moreover,the advantages of the arbitration in the non-prosecution mechanism of the financial consumption disputes is clarified.Secondly,it expounds the present situation and insufficiency of the arbitration mechanism of financial consumption disputes.Taking the financial arbitration institution as the main research object,this paper analyzes the application status of arbitration in the field of financial consumption dispute from many aspects,such as financial arbitration rules,institutional functional competence,number and type of cases,selection and avoidance of arbitrators,etc.On this basis,in-depth exploration in the settlement of financial consumption disputes,the characteristics of arbitration did not play the due use of the reasons.Thirdly,it analyzes the problems existing in the arbitration mechanism of financial consumption disputes.From two aspects of the application of dilemma and arbitration system: First,the application rate of arbitration in financial consumption disputes is not high.Its causes are the independent choice of the parties,the high cost of arbitration,other ways of handling disputes diversion cases and other factors.Second,the problems in the arbitration system itself will affect the application rate of arbitration.Because the arbitration is not enough in independence,rapidity and execution,it will affect the parties ' choice of arbitration to deal with financial consumption disputes.Finally,the improvement path is mainly from five aspects,such as arbitration legislation and arbitration rules,the applicable status of financial consumption arbitration,the selection and avoidance of financial arbitrators,the efficiency of arbitration proceedings,and the effectiveness of the enforcement of arbitral awards.The purpose of perfection is to give full play to the characteristics of arbitration speciality,rapidity and quasi-judicial nature,so that arbitration becomes the most compatible treatment with financial consumption disputes.The improvement of the institution itself needs to be synchronized with the improvement of arbitration legislation and arbitration rules,which are aimed at safeguarding the professionalism,neutrality and credibility of the arbitral award,and then giving full play to the proper use of arbitration to resolve financial consumption disputes.The perfection of the arbitration mechanism of financial consumption dispute is a systematic project,which needs to be improved synchronously.Only by constantly raising the service level of arbitration institutions and perfecting arbitration rules can arbitration become the preferred solution for financial consumption disputes,and then enrich the non-litigation resolution mechanism of financial consumption disputes in China,and protect the development of China's financial consumption market.