银行理财产品消费者权益保护的法律问题研究
发布时间：2019-06-07 14:56
【摘要】：近年来,越来越多的人愿意将手中闲余资金由银行运营来获得资产收益,各银行为满足消费者的需求创新开发了各种类型的理财产品。但实际生活中,银行理财产品中个人客户被误导等侵犯消费者权益的事件已司空见惯,然而现有规范性文件以及相关制度对银行该类消费者的合法权益尚未进行更全面更充分的保护。因此,有必要通过立法规范及完善制度对理财产品消费者进行倾斜保护,首先应当确定银行理财产品合同的法律性质,以明确当事人的民事责任以及由谁来承担举证责任。其次有必要分析银行理财产品运作过程中可能会损害消费者利益的风险问题,纵观国内外相关立法从而提出如何保护其合法权益的建议。本文同时建议出台新的具体细则来提高商业银行理财产品的市场准入标准、细化信息披露内容、规范格式合同等来降低理财消费者权益受侵害的风险,并提出借鉴国外监管制度的经验以改变现有监管模式对银行理财消费市场的监督,另外,建议完善信息披露制度,使消费者能够在运作过程中了解资金的动态流向、风险等信息。最后,有必要完善纠纷发生后的诉讼解决机制,让权益受到损害的消费者得到应有的补偿。
[Abstract]:In recent years, more and more people are willing to operate their spare funds by banks to obtain asset returns. Banks have innovatively developed various types of wealth management products to meet the needs of consumers. However, in real life, it is common for individual customers to be misled and other violations of consumers' rights and interests in bank wealth management products. However, the existing normative documents and related systems have not yet carried out more comprehensive and adequate protection of the legitimate rights and interests of banks. Therefore, it is necessary to protect the consumers of financial products through legislative norms and perfect systems. first of all, we should determine the legal nature of bank financial products contracts in order to clarify the civil liability of the parties and who will bear the burden of proof. Secondly, it is necessary to analyze the risk that may harm the interests of consumers in the operation of bank wealth management products, and put forward some suggestions on how to protect their legitimate rights and interests through the relevant legislation at home and abroad. At the same time, this paper suggests that new specific rules should be issued to improve the market access standard of financial products of commercial banks, refine the content of information disclosure, standardize the format contract and so on, so as to reduce the risk of infringement of the rights and interests of financial consumers. In addition, it is suggested that the information disclosure system should be improved so that consumers can understand the dynamic flow of funds in the course of operation. Risk and other information. Finally, it is necessary to improve the litigation settlement mechanism after the dispute occurs, so that consumers whose rights and interests have been damaged can get due compensation.
【学位授予单位】：西南科技大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：F832.2
本文编号：2494883
[Abstract]:In recent years, more and more people are willing to operate their spare funds by banks to obtain asset returns. Banks have innovatively developed various types of wealth management products to meet the needs of consumers. However, in real life, it is common for individual customers to be misled and other violations of consumers' rights and interests in bank wealth management products. However, the existing normative documents and related systems have not yet carried out more comprehensive and adequate protection of the legitimate rights and interests of banks. Therefore, it is necessary to protect the consumers of financial products through legislative norms and perfect systems. first of all, we should determine the legal nature of bank financial products contracts in order to clarify the civil liability of the parties and who will bear the burden of proof. Secondly, it is necessary to analyze the risk that may harm the interests of consumers in the operation of bank wealth management products, and put forward some suggestions on how to protect their legitimate rights and interests through the relevant legislation at home and abroad. At the same time, this paper suggests that new specific rules should be issued to improve the market access standard of financial products of commercial banks, refine the content of information disclosure, standardize the format contract and so on, so as to reduce the risk of infringement of the rights and interests of financial consumers. In addition, it is suggested that the information disclosure system should be improved so that consumers can understand the dynamic flow of funds in the course of operation. Risk and other information. Finally, it is necessary to improve the litigation settlement mechanism after the dispute occurs, so that consumers whose rights and interests have been damaged can get due compensation.
【学位授予单位】：西南科技大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：F832.2
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相关期刊论文 前1条
1 林晓峰;;银行理财产品的消费者权益保护问题[J];南方金融;2012年11期
相关硕士学位论文 前1条
1 张洁琼;小额诉讼比较研究与中国的立法选择[D];山东大学;2009年
，本文编号：2494883
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