我国金融消费者权益保护法律制度研究

发布时间：2018-10-23 13:05

【摘要】：二十一世纪已经开启第十五年的漫漫长路,在过去这十几年里,金融业飞速发展,许多国家的民众都自觉不自觉地“被金融化”,成为全球经济金融化中最为基础的力量。但作为金字塔底层的金融消费者,其所代表的利益群体正逐渐崛起,成为新时期金融业中最为重要的力量,但是面对资本市场中无处不在的金融垄断利益,金融消费者作为相对弱势的一方,其利益并未得到金融机构、金融监管部门的足够重视,以致最终发生例如2007年始于美国的次贷金融危机。目前,各个国家基于金融危机而完善起来的对金融行业的强化监管以及对金融消费者的权利保护法律体系,已经成为各个国家当前金融消费领域发展的护身符,并逐步深入各国的金融监管理念以及实践之中。其中,金融消费者法律保护传统相对发达的国家,包括英国、美国等,在2010年左右分别通过立法设立了全新的金融消费者保护机构——金融行为监管局和消费者金融保护局,赋予了该类机构相对独立的职能和权力,为金融消费者保护机构独立作出判断和决定奠定了基础。同时,上述发达国家进一步完善了金融消费者权利侵害保护救济的机制,使得金融消费者的权益得到更为周密的保护,为金融业整装出发作了充分的制度保障。在二十一世纪轰轰烈烈的世界经济金融化的背景下,我国经济和金融行业同样无法让自己置身事外。随着我国经济金融改革进入深水区,金融业随着改革的推进也必然从最初不断量化积累到质的飞跃,从而进入金融业以及国民经济高速发展的重要时期。而此时,随着我国金融管制的逐步放开,金融机构之间的合作进一步增强,金融创新和金融新产品将随着合作的深入逐步如雨后春笋般崛起,并逐步渗透至我国民众的日常生活,成为我国初期金融业发展的忠实支持者。但面对金融产品的信息极度不对称、我国金融机构在销售金融产品过程中的过度兜售行为以及目前我国金融行业的高度垄断特性,金融机构侵害金融消费者权益的可能性将急剧上升,成为新时期我国金融行业发展过程中面临的重要问题,因此,金融消费者权益的法律保护必然成为我国下一步金融改革的重要工作之一。面对我国金融消费者权益保护的法律体系,作者认为仍然需要从如下几个方面作出更为全面的完善,包括确立金融消费者倾斜保护、适度保护及民事保护的原则、建立对于金融机构的约束性机制、实现金融消费者法律保护手段的多元化和实践性以及推动金融消费者保护的机构改革立法。上述这些措施的采取必然从一定程度上缓解我国金融消费领域发展过程中对金融消费者的权利侵害现状,为我国金融消费业的发展、金融创新推进奠定良好的基础。
[Abstract]:The 21 century has already begun the 15th century long road, in the past ten years, the financial industry developed rapidly, many countries people are consciously "financialized", become the most basic force in the global economic financialization. However, as the financial consumers at the bottom of the pyramid, the interest groups represented by them are gradually rising and becoming the most important force in the financial industry in the new period, but facing the financial monopoly interests that are everywhere in the capital market, As a relatively weak party, the interests of financial consumers have not been paid enough attention by financial institutions and financial regulators, so that the financial crisis, such as the subprime mortgage crisis that began in the United States in 2007, finally occurred. At present, the legal system of strengthening supervision over the financial industry and protecting the rights of financial consumers, which has been perfected by various countries based on the financial crisis, has become a talisman for the current development of financial consumption in various countries. And gradually go deep into the concept and practice of financial supervision in various countries. Among them, countries with relatively developed legal protection traditions for financial consumers, including the United Kingdom and the United States, respectively established a new financial consumer protection agency, the Financial Conduct Supervision Bureau and the Consumer Financial Protection Bureau, through legislation around 2010. This kind of institution is endowed with relatively independent functions and powers, which lays the foundation for independent judgment and decision of financial consumer protection organization. At the same time, the above developed countries have further improved the mechanism of financial consumer rights infringement protection and relief, so that the financial consumers' rights and interests have been more carefully protected, which has made a full system guarantee for the financial industry as a whole. Under the background of the world economy financialization in the 21 century, China's economic and financial industry can not keep itself out of the world. With the economic and financial reform of our country entering deep water area, the financial industry is bound to accumulate from the initial quantification to the qualitative leap, thus entering the important period of the rapid development of the financial industry and the national economy. At this time, with the gradual liberalization of financial controls in our country and the further enhancement of cooperation among financial institutions, financial innovation and new financial products will rise gradually with the deepening of cooperation. And gradually infiltrated into the daily life of our people, become a faithful supporter of the development of the financial industry in the early stage of our country. However, in the face of the extremely asymmetric information of financial products, the excessive peddling of financial institutions in the process of selling financial products in our country and the high monopoly characteristics of the financial industry in our country at present. The possibility of financial institutions infringing on the rights and interests of financial consumers will rise sharply, which will become an important issue in the development of our financial industry in the new period. The legal protection of the rights and interests of financial consumers must become one of the important work of the next financial reform in our country. In the face of the legal system of protecting the rights and interests of financial consumers in China, the author thinks that it is still necessary to make more comprehensive improvement from the following aspects, including establishing the principles of financial consumer protection, moderate protection and civil protection. To establish a binding mechanism for financial institutions, to realize the diversification and practicality of legal protection means of financial consumers, and to promote the institutional reform of legislation for the protection of financial consumers. The adoption of these measures is bound to alleviate to a certain extent the current situation of infringement of the rights of financial consumers in the development process of financial consumption in China, and lay a good foundation for the development of financial consumption industry and the promotion of financial innovation in our country.
【学位授予单位】：对外经济贸易大学
【学位级别】：博士
【学位授予年份】：2015
【分类号】：D923.8

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