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The Protection of Borrower Rights

Author: ZhouYan
Tutor: ChenChun
School: Zhejiang Normal University
Course: Civil and Commercial Law
Keywords: financial consumers borrowers financial legislation
CLC: D922.281
Type: Master's thesis
Year: 2013
Downloads: 14
Quote: 0
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Abstract

The borrower is an important role involved in financial transactions. However, we do not attach importance to the status of the borrower all along. Their legitimate rights are always infracted. Nowadays, the existing "Commercial Bank Law of the People’s Republic of China", the "Contract Law" and other relevant legislation lack provisions for the protection of the rights of the borrower. The relevant legislation only emphasizes on the protection of financial services while overlooks the asymmetric information problem between the bank and the borrower. This is an obvious flaw. For this reason, we should re-examine the problem of asymmetric information in financial transactions based on the borrower’s perspective, and establish equality between the borrower and the bank the dominant position of commercial natters from the safety point of view of business transactions, regulate the form contract, establish the equal contractual relationship between the bank and the borrower. What’s more, we should establish mandatory information disclosure system, strengthen the description obligations of financial institutions, and the pacification of the financial institutions participating in the capital market are also important. Implement the principle of interests balance between the bank and borrows, protect the trade secrets of the borrower, achieve the contract equality and justice fully. Meanwhile, we should revise and develop the terms of the "Commercial Bank Law", the terms of the loan contract in "Contract Law" and the other relevant law; and establish the status of the borrower and improve our relevant relief mechanism. Thereby, we can protect the right of the borrower effectively.Paper is divided into four parts: The first part is mainly about protection of the rights of the borrower’s missing status and confusion. At first, this part interprets the status of the borrower’s rights protection missing and the concrete manifestation of the infringement of the rights of the borrower by anglicizing "Wu Ying case "and the blockbuster of "Wenzhou Palou tide". Combined with domestic and international financial industry status, the paper hold the view that administrative intervention of China’s financial transactions is too thick, but the borrowers are always at a disadvantage, our China’s financial industry needs to protect the interests of the borrower; At second, the research proposes the importance to the protection of the rights of the borrower from theory and inadequate legislation.The second part is the theoretical basis of the protection of the rights of the borrower. The legal basis of the borrower’s right mainly relate to the safety principles of contract theory and commercial transactions. Accordingly, this section first points out that there is equality of the contractual relationship between the borrower and the bank. And then, we should pay attention to the protection of the rights of the borrower proved from the weak position of the borrowers in the contractual relationship. In addition, from the point of view of maintaining safety principles of commercial transactions that borrowers highly vulnerable to financial transactions the bank unilaterally commercial matters acts of infringement. For the interests of the borrower, we needs to implement the safety principles of commercial transactions.The third part points out that the protection of the rights of the borrower basis in reality. From the above legal basis, starting from the establishment of equal contractual relationship, to protect the borrower the right to fair trading and privacy, and explains how to protect the interests of the borrowerThe fourth part is that our legislation should improve the protection of the rights of the borrower. Combined with the trend of the international financial consumer protection. Firstly integrating existing legislation, rationalizing the relationship between the existing relevant legislation; Secondly raising the specific suggestions for improvement of the ordinance, improve the rights of the borrower protection.

The Protection of Borrower Rights

Abstract

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