On The Reshaping Of The Definition Of Financial Consumers

The global financial crisis is still lingering fear of countries.With the continuous innovation of financial products in recent years,various types of financial products came after another,and countries have established a financial consumer protection system.And the rules of financial consumers as the logical premise of implementation the protection are in a very important position.Specific to our country,in recent years,various documents of regulatory departments repeatedly mentioned content of financial consumer rights protection,but the legislation is rare on the concept of pre-defined legal definition.Unlike other developed countries,the protection aims established by domestic legislation follow the traditional consumer model,which is the protection of vulnerable groups,rather than preventing regulatory failure and financial risks.This idea also spread to the judicial practice and academic research,whether academic research or judicial practice cannot slip the leash of the traditional "consumer" concept,which is considerable impacted by the "subject" thought.In academic research,scholars tend to use the standard of purpose for the discussion of the concept of financial consumers."life needs" or "unequal status" and are the key of defining concepts and precisely because the different attributes of financial consumer behavior and the traditional consumer behavior,the traditional consumer's main characteristics of the standard in the financial field is acclimatized.This research ideas not only led to the dispute of final conclusion,but also are difficult to provide theoretical support for practice.In the judicial practice,the court will judge on the basis of the judge's subjective judgment,the abuse of the judicial referee institutions of using the financial consumer protection principle is very serious.Whether the consumer is "weak" and whether the business area involved in "life" are an important factor in defining financial consumers,which leads to a lower risk of financial deposits like credit card business customers are widely recognized as financial consumers,and the financial derivatives of huge risk or structured financial products customers are difficult to be included in the scope of protection.Such a judicial decision shows the the weak protection target of traditional consumer protection.Therefore,in view of the problems in theory and practice,the definition and recognition rules of financial consumers need to be reexamined.On the basis of the analysis of the full text,the author puts forward the rules of financial consumers.First,to determine whether the consumer buys a financial product or in the process of buying financial products,if so,the subject can become a financial consumer.The second step,to determine whether the subject is excluded,if so,it should be excluded.The writing of this article begin with the discussion of shortcomings of existing legislation and rational system objectives,the chaos identified of financial consumers in judicial practice,and the shortcomings of the current research on "subject theory".And then through the study of the history of financial consumer legislation,the legislation practice of main developed countries,put forward the financial products as the core of the "object theory" research ideas,and then analyze the nature and characteristics of financial products to determine the definition of financial products and discuss the exclusions of financial consumers,correct errors in existing rules.Finally,it puts forward some suggestions on the legislation of financial consumers in our country.The structure of this article:The view of issue is the introduction of the research background and the foreign and domestic academic research.Combined with the author 's thinking on the topic,to explore the topics and discuss a reasonable path to build the narrative structure of the article,in order to fully explore the definition of financial consumers to provide support for the problem of reshaping.In the first chapter,the author puts forward the necessity of re-examining the rules of recognition of financial consumers in view of the current situation of domestic recognition and the dilemma of academic research,including the deviation from legislative thinking of reasonable protection objectives,and lead to the abuse of rules in judicial rules.Ask questions for the full text.In the second chapter,the author focuses on the misunderstanding of "subject theory" in the existing academic research,and puts forward some problems such as the lack of guidance,the lack of logic and the deviation of protection objectives.And pointed out that the "subject theory" research ideas will cause the judicial practice becoming too generalized consumer protection.In the third chapter,the author analyzes the commonness and rationality of the United States,Britain,Japan,Taiwan and the European Union,and puts forward the rules of "object theory",which is a core standard of financial products.And then through the study of the nature and characteristics of financial products,explore the standard of the definition of financial products and discuss the case of financial consumers.On the basis of the previous analysis,the author analyzes the errors in the existing academic research and judicial practice,based on the discussion of the second chapter of financial consumer recognition rules,and analyzes the existing financial consumer identification and correct the typical errors,and ultimately put forward the financial products as the core of the rules of the proposed legislative recommendations.In the part of the conclusion of this paper,based on the whole analysis of the whole text,puts forward the legislative suggestions which is suitable for the contemporary financial practice,and hopes to provide more research materials and ideas for the future research in view of the current supervision system.