我国导入金融申诉调处机制研究
发布时间：2018-12-19 17:08
【摘要】：金融业具有垄断性和专业性,交易方式又具有劝诱性,使得金融机构与金融消费者之间的地位并不对等。一旦产生纠纷,金融消费者的权利救济就成为一个突出的问题,这在后金融危机时代表现得尤其突出。诉讼、仲裁以及调解等传统的纠纷解决方式因忽视金融行业的特殊性,无法有效满足金融纠纷解决需求。金融消费纠纷处理机制的建设是金融消费者权益保护的一项重要内容,也是金融消费者权益保护的最后一道防线。本文以构建我国新型金融消费纠纷解决机制为目标,在考察英国金融申诉调处机制、台湾金融消费评议中心的实践经验以及世界银行等国际组织调查研究的基础上,结合我国的实际情况,认为我国导入金融申诉调处机制具有必要性与可行性。肇始于英国的金融申诉调处机制因独特的“片面强制管辖”和“单方约束力”的制度设计在倾斜保护金融消费者方面最具有代表性,尤其在后金融危机时代对重塑金融消费信心意义深远,成为世界各国学习借鉴的典范。台湾地区正式以其为蓝本构建出本土化的金融消费评议中心,其产生的良好经验、不足与教训,对我国借鉴该机制提供了具体的参照。在构建我国的金融申诉调处机制时应该遵循“制度构建的契合协调”“程序选择的简便易获”以及“程序保障的适度倾斜”等基本理念,将其贯彻到具体的制度设计中。在金融申诉调处模式上可以暂用分业型,以期与监管体系保持协调;纠纷解决机构则可以设立在各金融行业协会,以整合现有的保险、证券等调处资源;对于调处的法律效力应以“片面强制管辖”与“单方约束力”为中心,并适当做出变通以期达到与现有制度的契合协调。
[Abstract]:The financial industry is monopolistic and professional, and the way of transaction is persuasive, which makes the position between financial institutions and financial consumers not equal. Once disputes arise, the right relief of financial consumers becomes a prominent problem, especially in the post-financial crisis era. Traditional dispute resolution methods, such as litigation, arbitration and mediation, can not meet the needs of financial dispute resolution effectively because of ignoring the particularity of financial industry. The construction of financial consumption dispute settlement mechanism is an important part of the protection of financial consumers' rights and interests, and the last defense line of financial consumers' rights and interests protection. This paper aims to construct a new financial consumption dispute resolution mechanism in China, based on the investigation of the financial complaint mediation mechanism in Britain, the practical experience of Taiwan Financial consumption Evaluation Center, and the investigation and research of international organizations such as the World Bank. According to the actual situation of our country, it is necessary and feasible to introduce the mechanism of financial complaint and punishment in our country. The financial complaint mediation mechanism, which began in Britain, is the most representative in the protection of financial consumers because of its unique system design of "unilateral compulsory jurisdiction" and "unilateral binding force". Especially in the post-financial crisis era, it has profound significance to rebuild the confidence of financial consumption and has become a model for all countries in the world to learn from. In Taiwan, the localization of financial consumption evaluation center is formally constructed based on it. The good experiences, shortcomings and lessons from the center provide a concrete reference for our country to learn from the mechanism. In order to construct the mechanism of financial appeal and punishment in our country, we should follow the basic concepts of "the harmony of system construction", "simple and easy to obtain the procedure choice" and "the moderate inclination of the procedure guarantee", and carry it out into the concrete system design. In the mode of financial complaint mediation, we can temporarily use the separated type in order to maintain the coordination with the supervision system, while the dispute settlement organizations can be set up in the financial industry associations to integrate the existing insurance, securities and other mediation resources; The legal effect of mediation should focus on "unilateral compulsory jurisdiction" and "unilateral binding force", and appropriate modifications should be made in order to achieve harmony with the existing system.
【学位授予单位】：华侨大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.28
本文编号：2387211
[Abstract]:The financial industry is monopolistic and professional, and the way of transaction is persuasive, which makes the position between financial institutions and financial consumers not equal. Once disputes arise, the right relief of financial consumers becomes a prominent problem, especially in the post-financial crisis era. Traditional dispute resolution methods, such as litigation, arbitration and mediation, can not meet the needs of financial dispute resolution effectively because of ignoring the particularity of financial industry. The construction of financial consumption dispute settlement mechanism is an important part of the protection of financial consumers' rights and interests, and the last defense line of financial consumers' rights and interests protection. This paper aims to construct a new financial consumption dispute resolution mechanism in China, based on the investigation of the financial complaint mediation mechanism in Britain, the practical experience of Taiwan Financial consumption Evaluation Center, and the investigation and research of international organizations such as the World Bank. According to the actual situation of our country, it is necessary and feasible to introduce the mechanism of financial complaint and punishment in our country. The financial complaint mediation mechanism, which began in Britain, is the most representative in the protection of financial consumers because of its unique system design of "unilateral compulsory jurisdiction" and "unilateral binding force". Especially in the post-financial crisis era, it has profound significance to rebuild the confidence of financial consumption and has become a model for all countries in the world to learn from. In Taiwan, the localization of financial consumption evaluation center is formally constructed based on it. The good experiences, shortcomings and lessons from the center provide a concrete reference for our country to learn from the mechanism. In order to construct the mechanism of financial appeal and punishment in our country, we should follow the basic concepts of "the harmony of system construction", "simple and easy to obtain the procedure choice" and "the moderate inclination of the procedure guarantee", and carry it out into the concrete system design. In the mode of financial complaint mediation, we can temporarily use the separated type in order to maintain the coordination with the supervision system, while the dispute settlement organizations can be set up in the financial industry associations to integrate the existing insurance, securities and other mediation resources; The legal effect of mediation should focus on "unilateral compulsory jurisdiction" and "unilateral binding force", and appropriate modifications should be made in order to achieve harmony with the existing system.
【学位授予单位】：华侨大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.28
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相关期刊论文 前3条
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