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The Legal System of the Protection on Financial Consumer’s Right to Information

Author: ZhangKun
Tutor: ZhangBaoHua
School: Beijing Jiaotong University
Course: Economic Law
Keywords: right to information obligation to disclose induce role regulation remedy
CLC: D923.8
Type: Master's thesis
Year: 2014
Downloads: 55
Quote: 0
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Abstract


In recent years, with the development of social economy, the financial consumption is entering the lives of ordinary people and becoming a part of people’s daily consumption. The protection of financial consumers has been receiving great attention by various circles of society. Due to the particularity of financial products and financial consumption activities, the protection of consumers’ right to information is the weak link in our protection of financial consumers. There is many reasons for this situation, including the misconduct about financial institutions, the insufficient in legislation and regulatory about financial consumers’ right to know and the awareness of risks among the financial consumer. These factors have led to the situation that the numbers of financial consumer’s disputes is continuing to grow; the information right of financial consumers has been repeatedly violated without appropriate remedy. All these actualities seriously affect the development of the overall financial market.This paper aims to explore a path to financial consumers’ right to legal protection. There are four parts in this paper.First, this paper discusses the connotation and characteristics of financial products and financial Consumer, then further concluded the reality that the financial consumers’ right to know is vulnerable to abuse but hard to relief. Therefore, protecting financial consumers’ right to become financial consumer protection a top priority.The second part of this article, discussed from three aspects bout the protection financial consumers’ right to know. First of all, discusses the right protection measures of prevention ex ante, rules that financial institutions that conduct and solicitation rules; secondly, the paper discuss the remedy afterward, that is civil compensation; last, this paper presents an argument that we should protect the financial consumers’ right to know in a reasonable way. We should keep the tilt protection principles, at the same time; we should also pay attention to the "caveat emptor", and differences of information disclosure. We should protect consumers moderately; develop the ability of consumers to protect themselves, and seeking a balance between the protection of financial consumers and the development of financial sector and financial market.The third section of this article discuss the defect in legislative system, protection structures and remedy of Chinese legal system for protecting financial consumers’ right to know. Finally, this paper presents an effective protection mechanism about financial consumers’ right to know. First of all, unified financial consumer protection legislation should be established and the legal status of financial consumers should be given. Then we should description the obligations of disclose and the rule of persuade of the financial institution dedicatedly, optimize regulatory functions, and establish a unified financial consumer protection agency. And secondly, improving the remedy system about financial consumer’s right to information, establishing a wide range of dispute resolution mechanisms. And finally, pay more attention to the principle of "let the buyer beware" and differentiated information disclosure system. We should coordinate the relationship between the protection to financial consumers’ right and the development of financial institutions.

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