金融消费者隐私权保护的法律问题研究
发布时间：2018-12-18 04:53
【摘要】：金融市场的不断发展促使金融服务范围的扩大和内容的扩展,由此金融机构便通过其服务内容收集到较多的个人金融信息,而这些个人信息在现在信息化时代却有着一定的经济价值,成为金融机构等的商业资源,使得金融消费者隐私权的侵害问题呈现迅速扩大趋势,其保护也日益受到关注。在我国香港和西方发达国家如美国、欧盟已经形成了一套较为成熟的金融消费者隐私权保护体系。然而,我国金融消费者隐私权保护的现状却不容乐观,在金融侵权和维权的实践与博弈过程中,金融消费者维权意识淡薄、维权手段不足、法制保障滞后和体制机制不尽完善等诸方面因素融合在一起,使得我国金融消费者隐私权保护成为亟待解决的现实问题。目前,我国的法律保护存在较大问题:立法层次较低,体系不完善;立法内容抽象,缺乏适用性;救济途径不足,规定不合理;监管主体缺位,体系不完整等。因此,本文将结合国内外立法经验及我国现状,针对这些问题提出完善建议,包括确定法律保护体系的总体思路建议和对金融消费者隐私权的主体、客体、内容作出明确界定以及完善救济程序等作出具体建议。
[Abstract]:The continuous development of the financial market promotes the expansion of the scope of financial services and the expansion of the content, so financial institutions collect more personal financial information through the content of their services. But these personal information has certain economic value in the present information age, becomes the commercial resources such as the financial institution, causes the financial consumer privacy infringement question to present the rapid expansion tendency, its protection also receives the attention day by day. In Hong Kong and western developed countries, such as the United States, the European Union has formed a more mature financial consumer privacy protection system. However, the current situation of financial consumer privacy protection in China is not optimistic. In the process of financial tort and rights safeguarding practice and game, financial consumers have weak awareness of safeguarding their rights and insufficient means of safeguarding their rights. The lagging legal system and imperfect system make the protection of the right to privacy of financial consumers in our country a real problem to be solved urgently. At present, there are some problems in the legal protection of our country: low level of legislation, imperfect system, abstract content of legislation, lack of applicability, insufficient remedies, unreasonable regulation, absence of supervisory body, incomplete system, etc. Therefore, this article will combine the domestic and foreign legislative experience and the present situation of our country, to put forward the consummate suggestion to these questions, including the general thought suggestion of the legal protection system and the subject and object of the financial consumer privacy right. The content makes clear definition and consummates relief procedure and so on makes the concrete proposal.
【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】：D922.28;D923.8
本文编号：2385374
[Abstract]:The continuous development of the financial market promotes the expansion of the scope of financial services and the expansion of the content, so financial institutions collect more personal financial information through the content of their services. But these personal information has certain economic value in the present information age, becomes the commercial resources such as the financial institution, causes the financial consumer privacy infringement question to present the rapid expansion tendency, its protection also receives the attention day by day. In Hong Kong and western developed countries, such as the United States, the European Union has formed a more mature financial consumer privacy protection system. However, the current situation of financial consumer privacy protection in China is not optimistic. In the process of financial tort and rights safeguarding practice and game, financial consumers have weak awareness of safeguarding their rights and insufficient means of safeguarding their rights. The lagging legal system and imperfect system make the protection of the right to privacy of financial consumers in our country a real problem to be solved urgently. At present, there are some problems in the legal protection of our country: low level of legislation, imperfect system, abstract content of legislation, lack of applicability, insufficient remedies, unreasonable regulation, absence of supervisory body, incomplete system, etc. Therefore, this article will combine the domestic and foreign legislative experience and the present situation of our country, to put forward the consummate suggestion to these questions, including the general thought suggestion of the legal protection system and the subject and object of the financial consumer privacy right. The content makes clear definition and consummates relief procedure and so on makes the concrete proposal.
【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】：D922.28;D923.8
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1 刘明君;李宏玉;;论金融隐私权的法律保护[J];工会论坛(山东省工会管理干部学院学报);2008年06期
相关硕士学位论文 前1条
1 叶颖;金融隐私权保护国际化法律问题研究[D];厦门大学;2007年
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