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金融消费者保护基本问题研究

谢松松 周锋

证券市场导报Issue(10):14-21,26,9.
证券市场导报Issue(10):14-21,26,9.

金融消费者保护基本问题研究

谢松松 1周锋1

作者信息

  • 1. 河南银监局政策法规处,河南郑州450000
  • 折叠

摘要

Abstract

This essay is about the concept of financial consumer, the system of consumer financial protection and the principles of consumer financial protection. Financial consumers are people who buy the financial products or accept financial services, except those who sell the financial products or provide the financial services. Considering the different circumstances faced by the financial consumers when dealing with financial institutions, we can classify financial consumers into three types. The financial consumer protection law should be formulated according to the attribution of different types of financial consumers. This is the core of financial consumer protection. The system of protection includes two important issues. The first is the development of rules, the framework of rules should consist of three parts: civil rules, administrative rules, and criminal rules. In addition, it should be the combination of mandatory rules and voluntary rules. As to the administrative bureau of financial consumer protection, there are two models to be chosen. One is embedded model, which means the bureau is located in the financial supervision bureau which has been set up before. The other is independent model, which means the bureau is out of the financial supervision bureau which has been set up before or relatively independent. There are six principles of protection: the combination of integrated protection and distinguished protection; the combination of general protection and special protection; the combination of extra protection and equal protection; the combination of procedural protection and substantive protection; the combination of advanced preventing, persistent monitoring and subsequent remedy; the combination of legal protection and self-responsibility.

关键词

金融消费者/保护体制/保护原则/分层保护/生活消费/非生活消费

Key words

financial consumer/protection system/protection principles/layered protection/living cost/non-living cost

分类

管理科学

引用本文复制引用

谢松松,周锋..金融消费者保护基本问题研究[J].证券市场导报,2012,(10):14-21,26,9.

证券市场导报

OA北大核心CHSSCDCSSCI

1005-1589

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