Legal Analysis Of Application Of Law In Financial Consumers’ Rights And Interests Protection Disputes

As financial products and financial services become more and more closely related to our lives,the protection of financial consumer rights has gradually become the focus of research.The problem that accompanies the rapid development of the financial economy is that financial consumer rights disputes have increased year by year.As financial products and financial services become more and more closely related to our lives,the protection of financial consumer rights has gradually become the focus of research.The problem with the rapid development of the financial economy is that financial consumer rights disputes have increased year by year.These cases have characteristics that are different from ordinary cases.Some legal theoretical issues involved in the litigation process need to be discussed in depth.Based on this,the article starts with the application of law in the case of Wang Xiang v.China Construction Bank,and analyzes the issue of legal interpretation in this case from the perspective of jurisprudence.For the determination of Wang Xiang’s financial consumer qualifications,the focus of consideration is to establish a personal financial service legal relationship between Wang Xiang and China Construction Bank.In this legal relationship,Wang Xiang,as a financial consumer,needs protection when his rights and interests are damaged.Regarding Wang Xiang himself He is a judge in a financial case,and he has not considered the factors of rich investment experience.The responsibility for Wang Xiang’s economic losses to CCB was mainly because CCB failed to inform Wang Xiang of financial product risks as much as possible during the sale of financial products,and did not ask Wang Xiang to sign on the statement that “financial products are actively purchased by individuals” Duty of suitability.Although CCB claimed to have fulfilled the above obligations,CCB did not keep records and data for the entire sales and service process.Therefore,it was determined that CCB had a major fault in failing to perform the appropriateness obligations and should bear the responsibility of compensating Wang Xiang for economic losses.The subject of legal interpretation in this case focused on the "Tort Liability Law","Contract Law",Financial Industry Regulatory Regulations,and "Interim Measures for theManagement of Personal Financial Services of Commercial Banks".Sexual obligations and their performance use system interpretation and purpose interpretation.Through jurisprudence analysis of the first part,it is found that legal interpretation is difficult to make up for the ambiguity of language itself.Legal interpretation is easily affected by the subjective factors of the interpreter and loses its objectivity..It is then explained that legal interpretation has its rationality.For example,legal interpretation can explain issues that were not considered in the legislation on the basis of existing legislation,and can also solve the problem of legal stability and social development through restrictions and expansions.Interpretation of highly specialized legal terms to the extent that ordinary people can understand.In the current stage of judicial trials,most refer to the applicable regulatory norms.The disadvantage is that the purpose of the formulation of the regulatory norms is different from the purpose of the formulation of the law.If it is completely based on the regulatory norms,it will damage the order of the law that has been formed,and expand the law.The scope of application is not conducive to the stability and authority of the law,and is not conducive to the construction of market order.However,at this stage,the field of protection of the rights and interests of financial consumers in my country is still blank in legislation,and the pressure of judicial trials is huge and difficult.It can only be applied to the supervision of regulatory standards.At this stage,it is necessary to give full play to the functions of regulatory agencies,rationally apply regulatory standards,and accelerate the improvement of legislation.Analyzing the essence of resolving case disputes from the perspective of legal analysis is the process of weighing value conflicts in a legal way.To resolve value conflicts in a legal way,the value selection and value measurement in the general sense are carried out during the legislative process,while value selection and value measurement need to be carried out according to the specific case in the judicial process.For example,the current financial industry regulatory norms,financial industry In the judicial trials of the cases,the tendency to protect financial consumers has been reflected.This choice of legislative and judicial legal value is based on the current situation that financial institutions and financial consumers have large differences in information acquisition and understanding in financial transactions,and financial institutions have obvious advantages.Therefore,more restrictive regulations are imposed on financial institutions,such as the performance of appropriateness obligations.However,the objective laws of economic development must also be considered.The protection of tendencies must also adhere to the principle of moderation.We must not blindly attack the enthusiasm of financial institutions for development.We must give financial institutions more room for development,resolve disputes in the unification of legal values,and maintain legal authority.Legal order.The enlightenment obtained from the legal analysis of the case is that it is necessary to pursue the safety and stability of the financial industry and the proper settlement of disputes,and to encourage the development of the financial industry.There is a clear division of responsibilities between financial consumers and financial institutions,improving the basic principle of blindly protecting consumers,giving financial institutions more room for flexible development,respecting the objective laws of industry development,promoting the development of the financial economy,and maintaining the legal order of the financial economy.Looking at the problem under the unified concept of value of law,we cannot blindly protect financial consumers.We must consider the needs of real development.In the process of protection,we must adhere to the principle of appropriateness to guide the healthy development of the financial economy.