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Research on the Protection of Consumer’s Rights in Banking Services

Author: ZhangZaiZhi
Tutor: WangZuo
School: Guangxi University
Course: Civil and Commercial Law
Keywords: banking services consumer’s right financial inclusion information disclosure complaints scheme
CLC: D922.28
Type: Master's thesis
Year: 2008
Downloads: 475
Quote: 13
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Abstract


On the basis of reflecting the protection theory of consumer’s rights at present, the first part of the paper is the legal status analysis on private party of banking services and the necessity of defining private party of banking services as consumer, then puts forward introducing the protection theory of consumer’s rights. Therefore, a complete theory foundation and natural right system is provided to private party of banking services. Meanwhile, the paper combines differential analysis of the protection of consumer’s rights and the maintenance of financial safety, and reasonably defines the protective means moderation of consumer’s rights in banking services.According to particularities of banking services, the paper aims at these special problems such as selection and discrimination on banking services objects, information disclosure on financial products and services, which can not be solved very well in the legislation protection of current consumer’s rights. So the paper proposes two viewpoints. One is that the bank should bear more liabilities of financial inclusion on the aspects of providing basic account and loan support. Second, the legislation should have more scientifical definition of content, object and procedure in information disclosure of bank, which can eliminate information asymmetry between both sides.Finally, in order to handle practical difficulties of consumer’s right safeguarding in banking services, the paper points out that bank, government and trade association should provide more convenient ways of right safeguarding. Based on main bodies’ different roles and status in the consumer protection of banking services, the legislation should reasonably design a economical pattern and procedure, and distribute obligations of government, trade association and financial institutions, so as to provide entire protection to consumers of banking services in the substance and procedure.

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CLC: > Political, legal > Legal > Chinese law > Financial Law
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