中国金融消费者权益保护法律之探究

Abstract

Chinese financial market is moving towards mixed operation. Consequently it generates a new subject -- financial consumers. Protecting financial consumers’ rights and interests is a vital objective for financial regulators in the process of market supervision in developed countries like Europe and the United States, and is a tendency of international financial legislation. In recent years, a burgeoning number of cases of infringement of financial consumers’ rights and interests occurred, including financial consumers’ right to know, the right of fair trade and the problems in the abuse of personal information, due to the absence of supervision caused by information asymmetry and separated supervision. Therefore, financial consumers’ rights and interests suffered huge losses. At the same time, the protection of financial consumers' rights and interests is deficient in legislation and “Law for Protection of Rights and Interests of Consumers of the PRC” in the financial aspects’ coverage is very limited. On the basis of the experience of Europe, the U.S. and the South Korea in financial reform, we hope to provide a solution to complete law system of protection of Chinese financial consumers’ rights and interests. Through analyzing the current situation of supervision model and legislation, we specialized in related legal issues.