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Financial Consumer Protection From The Perspective Of The Appropriate Obligations Of Financial Institutions

Posted on:2022-04-09Degree:MasterType:Thesis
Country:ChinaCandidate:D WangFull Text:PDF
GTID:2506306521978869Subject:Law
Abstract/Summary:PDF Full Text Request
One of the important trends in the healthy development of the financial industry is the protection of financial consumers,which cannot be ignored in the deepening of China’s financial reform.Reasonably regulating and supervising the fulfillment of appropriateness obligations can be said to be the prerequisite and source of financial consumer protection.It is inappropriate to discuss financial consumer protection outside of the obligation of suitability.Therefore,it is necessary to explore the protection of financial consumers’ rights by the suitability obligations of financial institutions.The "Guiding Opinions on Regulating the Asset Management Business of Financial Institutions" still have relatively vague provisions on the protection of financial consumers.This is a microcosm of the incompleteness of my country’s financial consumer protection mechanism.The Minutes of the National Civil and Commercial Trial Work Conference of the Courts clarified the principle of "sellers’ due diligence and buyers’ responsibility".In cases of disputes over the protection of the rights and interests of financial consumers,it unified the judicial system with regard to the suitability obligations of financial institutions.Judgment logic intends to establish a high-standard protection trial mechanism for financial consumers starting from the judicial determination of the performance of the appropriateness obligations of financial institutions.This article first discusses the prominent problems in financial consumer protection,explores the relationship between legal relations and appropriate obligations,and analyzes the degree of compatibility between appropriate obligations and financial consumer protection.Secondly,it discusses the basic legal relationship and connotation of appropriate obligations,sorts out the evolution of appropriate obligation rules,summarizes the intersection of financial consumer protection and appropriate obligations,and combs the experience of extraterritorial legislation and supervision;analyzes financial consumers The judicial logic of protection disputes the case again,sums up the plight of the theory and practice of the game and financial consumer protection.Finally puts forward a perfect path to hypothesize the legal system of financial consumer protection,and the legal system of financial consumer protection is clarified.The regulatory standards and principles of consumer protection,exploring the relief path of diversified financial disputes.
Keywords/Search Tags:Financial consumer protection, Basic legal relationships, Suitability obligation, Judicial logic
PDF Full Text Request
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