| The direct bank began to develop from abroad in the late 1990 s and gradually matured before entering the Chinese market.Such an innovative bank operation mode with non-materialization and non-physical outlets has rapidly become a new choice for financial consumers due to its remarkable characteristics of low cost and high flexibility,and its market share in our country is continuously expanding.However,while direct bank brings new vitality to the traditional bank industry,it also brings more risks and problems,not only the systemic and operational common risk problems that already exist within the scope of electronic bank,but also the network risk security problems brought about by the integration of internet finance.Therefore,in the continuous reform and development of China's financial industry,it is even more necessary to have corresponding supporting laws and regulations and regulatory system to jointly reform to ensure the prosperity and stability of the financial market.Since the People's Bank of China(PBOC)promulgated the Notice of “Improving Personal Bank Account Services and Strengthening Account Management” on December 25,2015,it has provided more favorable conditions for the development of direct bank in China.At the beginning of 2019,it was even proposed by PBOC to cancel the process to check enterprises to open basic bank accounts,further opening up new development space for some private enterprises and small or micro enterprises to open direct bank service.However,China has not established relevant systems for protecting financial consumers like many developed countries abroad,making the overall process of financial consumers protecting their legitimate rights and interests not very smooth.In the process of continuous development of direct bank in our country,traditional banks in our country always focus on how to transform themselves to attract more financial consumers continuously,ignoring the protection of the rights and interests of financial consumers.For this reason,this article analyzes from the concept of direct bank to its development status to analyze those legal issues that the financial consumers' rights and interests need to solve urgently under the operating mode of direct bank.The content of the first chapter of this article is the basic background introduction and concept analysis about direct bank.First of all,the specific meaning of direct bank and its extension are analyzed to clarify the difference and connection between "direct bank" and "network bank","electronic bank","virtual bank".Then it further analyzes the model and characteristics of direct bank,as well as the development status at home and abroad,and then analyzes the meaning of financial consumers,and studies the characteristics of financial consumers.Direct bank is a transformation of China's interest rate marketization.Compared with traditional banks,transactions are more liberalized.However,the lack of specific protection laws directly leads to the ambiguity of legal concepts and rights and obligations.When coupled with the direct bank model,it further exacerbates the information asymmetry between financial consumers and financial institutions,and highlights the research of the need for consumer rights protection under the direct bank model.The second chapter comparatively analyzes the current legal system related to the protection of the rights and interests of financial consumers of direct banks at home and abroad.From the perspective of public law,China is currently mainly decentralized laws and has not coordinated the credit reporting system and the protection of privacy,and still focuses on the separate supervision model.Foreign countries not only have specialized laws,but also pay special attention to the protection of privacy while applying the credit reporting system,and adopt a mixed supervision system applicable to financial development.From the perspective of private law,the use of electronic evidence system,dispute resolution and complaint handling mechanism,safety guarantee and compensation mechanism are analyzed and compared.Through this kind of comparative analysis,we can sum up the experiences we can learn from abroad,determine the direction that we need to learn and improve the law on the protection of financial consumer rights under the direct bank model in the future,and have specific practical significance and enlightenment for the formation of the overall legal system for protecting the rights and interests of financial consumers in China.The third chapter is the core part of this article.The content is mainly about the problems existing in the protection of the rights and interests of financial consumers in China's direct banks.At present,China has not only no laws related to direct bank,but also no laws related to the protection of financial consumers.Therefore,it is very necessary to conduct in-depth research from the perspective of protecting financial consumers.From the perspective of public law and private law,we also analyze and explain several problems of financial consumers' rights and interests encountered in the right of knowing,privacy,security,and right of recourse under the direct banking model.From the perspective of public law,direct banks lack the mandatory requirement for financial consumers to explain their obligations,which affects the financial consumers 'right to know,and the bank's credit information system indirectly affects the financial consumers' right to privacy.The complexity of direct bank financial mixed products and the risks of direct banking operations require a more effective supervision model.From the perspective of private law,the incompleteness of electronic evidence system,and the lack of financial consumers disputes,complaints handling mechanisms,safety guarantee compensation mechanisms all affect financial consumers' claims.Through such an in-depth analysis,we can clearly discover a series of specific problems that will affect the rights and interests of financial consumers under the current direct bank model in China.In the last chapter,according to the legal problems existing in the protection of the rights and interests of financial consumers in China 's existing direct banks,combined with the legal status of domestic and foreign direct banking financial consumers 'rights protection,to propose the suggestion of the improvement of the legal protection of direct banks' financial consumer rights.From the perspective of public law,it is necessary to establish a direct consumer banking financial consumer protection service law,strengthen information disclosure and risk disclosure obligations;improve the direct banking financial protection function of financial information,improve the entire credit reference standardization system to improve the credit reference system.By unifying the supervision model of financial products and strengthening the risk supervision system to improve the efficiency of supervision,a financial supervision system adapted to the development of China's direct bank is formed.From the perspective of private law,it is necessary to improve the electronic evidence system and further improve the dispute resolution,complaint handling and safety guarantee compensation mechanisms.Through this kind of improvement,it is possible to truly realize the rapid development of direct bank,protect the rights of financial consumers,and promote the stability and harmony of financial markets. |
PDF Full Text Request