Research On Punitive Damages Liability Of Chinese Financial Institutions

The punitive damages liability system of China's financial institutions and foreign financial institutions related aspects of the punitive damages liability system are studied,in the process of research,we can see that a system in our country,there are some problems in the actual execution of the domestic,lead to the occurrence of this kind of situation is due to its behind has deep reasons,first of all,in the lack of "financial consumers" concept in the financial sector and financial sector,the interpretation of the "cost of living",this kind of situation make financial institutions system of punitive damages liability claim subject fuzzy.Secondly,China's domestic financial institutions lack of professional and special financial industry to inform and protect the obligations of the provisions.Thirdly,in practice,the legal burden of proof is not commensurate with the weak position of financial consumers,which makes it difficult to prove the fraudulent behavior of financial institutions.Finally,the amount of compensation and the method of calculation are not reasonable in judicial practice.Therefore,based on the above contents,this paper firstly analyzes the meaning,characteristics,nature and function of the punitive compensation liability system of financial institutions.Secondly,through the study of laws and cases,this paper understands the current situation of China's financial institutions' punitive compensation liability system and the existing disadvantages of the judicial judgment.Third,this article from the concept of "financial consumers" lack of financial institutions in the punitive damages responsibility system of the body of the right of claim is not clear,financial institutions and professional particularity of inform and guarantee obligations is not clear,fraud,and financial institutions the allocation of burden of proof and judicial compensation amount and computing the imperfect of the several Angle analysis,reveals the financial institutions in our country penal liability to pay compensation in our country the main problems existing in their development.Finally,in the United States and Britain,the financial institutions of the two countries the development of the system of punitive damages responsibility and reform experience,puts forward some constructive evaluation and experience,and then sums up our country financial institutions in their own problems faced in the development of punitive damages liability system,and then puts forward the design of the solution.It is hoped that the research results obtained through thislogical analysis can contribute to the suppression of the negative incentive function of the punitive damages liability system of China's financial institutions,the strengthening of the protection of financial consumers,the suppression of systemic financial risks,and the maintenance of China's financial stability and financial security.Above all,can be found through the study of this paper,the theoretical circle in our country the study of financial institutions to punitive damages liability is not very clear thorough,in practice,there are many difficult problems,in the face of these problems,the country's new "consumer rights and interests protects a law" there are still many deficiencies,cannot fully meet the protection of financial consumer rights and interests.China urgently needs a special law to effectively protect the rights and interests of financial consumption,so as to promote the orderly operation of China's financial market and solve the problems in financial transactions.Calls for our study other countries advanced legal system and the experience of other countries in the world,and China's financial consumer rights and interests protection law promulgated as a special law,from the Angle of legislation to solve the fundamental problem,provide effective guarantee for law enforcement and judicial protection of financial consumer rights and interests,promote the rational and orderly development of China's financial system.