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Financial Consumer Protection Legal Issues

Author: SuZuo
Tutor: XuLingYan
School: Fudan University
Course: Civil and Commercial Law
Keywords: Financial consumption Financial consumers Financial instruments The financial interests of consumers
CLC: D923.8
Type: Master's thesis
Year: 2011
Downloads: 706
Quote: 0
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Abstract

The market economy in China, compared with the traditional consumer finance consumption is an emerging field, the dual attributes of both the financial and service-related rules and norms are not perfect, but it also means that it contains a huge potential. With the prevalence of financial consumer concept of modern financial services and various financial products is growing in popularity, financial institutions no longer patent, ordinary people can also enjoy the convenience and benefits brought by the Financial Times. Reality, banking, insurance, securities and other financial institutions continue to bring to market an array of financial products, to procure financial markets showing a thriving scene. However, behind the phenomenon of prosperity buried a lot of hidden dangers. Designer and provider of financial institutions usually enjoy a monopoly platform and market as a financial commodity is the the absolute price determined by the financial activities, especially in the event of a financial dispute, financial institutions tend to abandon the fair and equitable market the legitimate rights and interests of consumers of financial rules, the use of their own advantages position against disadvantaged status, in order to achieve their own interests to maximize. Needless to say, the financial consumer trust and actively involved in financial consumer market is the lifeline of the development and prosperity of the financial sector continued to achieve stability and prosperity, we must pay full attention to the tilt protection of vulnerable groups of financial consumers be. Throughout China's current legal system is not difficult to find serious deficiencies in the legal norms for the protection of the financial interests of consumers, the interests of consumers in the People's Republic of China is just as traditional consumer protection Protection Act and to maintain the security of financial institutions and benefit as the focus of financial and legal sporadic financial consumer protection provisions; addition, the absence of our financial consumer protection agency, the existing terms of reference of the relevant departments positioning is unclear; the financial consumer disputes relief channel does not smooth a serious problem exists, financial consumer protection can not be fully realized. Therefore, the United States and the United Kingdom practice center, combined with the current situation of our country and its problems, using standard analytical methods, comparative analysis methods, methods of historical analysis, legal hermeneutics methods of protection of the financial interests of consumers legal issues. In addition to the introduction, the text is divided into five chapters: The first chapter is the legal definition of financial consumer protection related concepts. The chapter mainly through an overview of the basic concepts of financial consumption consumers and financial instruments introduced in the comparative analysis of the legal meaning of the protection of the financial interests of consumers on the basis of various theorists doctrine, successive reveals. In view of the special nature of the field of financial consumption, defined above concepts should break through the limitations of the traditional theory. Especially in the definition of financial consumers, should break through the limitations of traditional consumer concept, conform to the trend of the international financial sector integration legislation in the field of banking, securities, insurance and other financial purchase of financial instruments or to accept the financial services community members (including natural and legal persons) into a unified financial consumer areas. The second chapter is the theoretical basis for the protection of the financial interests of consumers. This chapter to the theoretical basis of the financial consumer protection as the entry point from the theory of effective competition, the real contract theory of justice, the law is not the completeness of the perspective of the theoretical basis of the protection of the financial interests of consumers economics, systems analysis, the theoretical basis of jurisprudence and financial supervision of the theoretical basis, in order to provide adequate theoretical basis for financial consumer protection research of this topic, and to build a solid theoretical foundation. The third chapter is the contents of the system of protection of the financial interests of consumers. Constrained financial institutions reasonable to fulfill their obligations to ensure the realization of the rights of financial consumers is the main content of the financial consumer protection. This chapter begins with a brief definition of the rights of financial consumers, and focuses on the three core rights should enjoy: the right to information, privacy and claims; Secondly, in order to protect the financial rights of consumers to achieve as the starting point, a brief introduction The three main obligations assumed by financial institutions should be distinguished from the general business. In view of the financial markets ubiquitous information asymmetry is caused by financial consumers in a weak position and repeatedly infringed the main reason, to strengthen financial institutions to fulfill their obligations and financial information relating to and responsibility for not fully performed, in order to ensure financial consumers the quality of financial information, such as a description of obligations of financial institutions, information disclosure obligations, rational persuasion obligations, this is to ensure the effective implementation of key financial consumers of the rights, but also the core content of the system of protection of the financial interests of consumers. The fourth chapter is the study of international legislation on protection of the financial interests of consumers. This chapter focuses on the use of the method of comparative analysis and country visits, three from the operation of the competent bodies and their responsibilities, legislative content and dispute settlement mechanism introduced legislative practice protection of the financial interests of consumers in the United States and the United Kingdom, and the two countries compared to the protection of the financial interests of consumers in China to provide guidance and reference the legislation and practice. The fifth chapter is the status quo of China's financial consumer protection analysis and suggestions for improvement. This chapter is mainly through the analysis of the conservation status of the financial interests of consumers, pointed out that the current financial consumer protection issues exist in the legislative system, administrative supervision, dispute settlement mechanism, and a brief analysis of the causes. On this basis, drawing on the fourth chapter on practical experience of international advanced legislation, put forward a number of recommendations on improving the protection of the financial interests of consumers in China: the establishment of a sound financial consumer protection laws and regulations, coordination and financial services through the integration of existing laws, timely introduction of the Financial Services Act, and gradually form a system of financial regulation of the financial industry as a whole legal system, improve financial supervision mechanism, smooth financial dispute resolution channels, build financial consumer risk tolerance assessment system, foster financial consumer education mechanism. From internal played a decisive role in the development of things, compared to external institutional environment to improve financial consumer protection of financial consumers, by nurturing the mechanism of financial consumer education to improve the quality of its financial moment important to improve the system of protection of the financial interests of consumers in China one of the measures should be cause attaches great importance to the community.

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