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On the Financial Consumers the Right to Legal Protection of Fair Trade

Author: ZhaoYu
Tutor: ZhaoPuYing
School: Hebei University of Economics
Course: Legal
Keywords: Financial consumers The right to fair trade Financial regulation
CLC: D923.8
Type: Master's thesis
Year: 2011
Downloads: 193
Quote: 0
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Abstract

Since the nineties of the last century, the emergence of new financial products, various financial products ordinary people started to enter the home. Financial services is not a simple deposit and withdrawal, but a wide range of financial products and services, such as insurance stocks. At the same time, the financial status of consumers and financial institutions have a great position in the gap, and financial institutions with strong economic and financial resources, have deeply rooted organization and senior professionals. Squeeze both uneven strength to negotiate space: financial institutions to make more use of the terms of the King Disclaimer absolve themselves of responsibility onto their own risk onto consumers; consumer knowledge of the risk of such contracts , even to understand the risks, but also can not be fair and operators to initiate consultations choice but to accept. \interests are infringed abound, but a considerable lack of legal protection of this vulnerable group. In view of this situation, we should reform the current laws and regulations for the protection of financial consumers or the establishment of new institutions, strengthen financial consumer protection. Developed from the financial protection of such vulnerable groups should be elevated to the legislation to protect such a height. The United States, Japan and other countries have begun to establish the improvement of financial consumer protection laws, regulations and institutions. The establishment of the United States, Japan and other countries in the financial consumer protection legislative reform and institutions, combined with China's financial regulators have exposed the lack of this paper, recommended the establishment of a financial consumer protection regulatory laws and regulations, and provide a reference for the legislation. Today, reflect on the cause of the outbreak of the financial crisis, the point has been the parties agree: should increase efforts to prevent another outbreak of the financial crisis on financial consumer protection. The global financial crisis exposed to many of the financial interests of consumers against the fact we realized, financial products, financial derivatives, complex features make financial consumers more vulnerable than the general consumer, need special legislation and the establishment of new institution to special protection. This article is a total of four chapters, about four thousand words. Chapter theoretical basis of fair trading rights protection of financial consumers. Section I of the concept of financial consumers departure from the traditional consumer concept, put forward the concept of financial consumers. Section II Analysis of fair trading rights of financial consumers, respectively, starting from the consumer's right to fair trade, fair trade and financial consumers rights, compared to ordinary consumers of fair trade and the financial consumer fair trading rights different. Learn from the developed countries to protect fair trading rights of financial consumers in the second chapter. Introduce laws and regulations of Japan, the U.S., the EU and other countries and regions, and summed up the significance in China. The current situation and problems of fair trading rights protection system in the third chapter of financial consumers. China has no laws protect financial consumers a mainly scattered in the various provisions of laws and regulations, but not explicitly specified, non-specific, fair trading rights violations of financial consumers phenomenon is not severely punished, in this chapter for China made a summary and evaluation of existing requirements. The fourth chapter of the perfection of the legal protection of financial consumers the right to fair trade. Review of China's legal and regulatory bodies, to learn from the experience of developed countries, and made some comments and suggestions to the improvement of the law of the country.

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