金融消费者知情权的私法保护-民商法专业论文.docxVIP

2 2 1 1 金融消费者维权的困难。为保护金融消费者知情权的实现，应完善我国金融经营 者民事责任的规定，主要应当从以下三个方面完善：完善立法规定；完善赔偿范 围的规定；完善举证责任的规定。 关键词：金融消费者知情权；金融经营者的义务；民事责任 Abstract Abstract Financial consumer is a concept arising for the financial development ，but there are no written law define “financial consumer” in our country, and there are divergent views about the definition of “financial consumer” in academic world. Both financial consumers and ordinary consumers belong to the consumer, but there are different in the consumer object , the ease of access to product information and risk ,these differences lead to the different ways to protect the right to know. Because of the lack of specialized knowledge and pursuing interest of financial managers, it is becoming harder and harder for financial consumer to get know the information of the product which they purchased. The particularity of financial product determines the consumers right to know the financial connotation and denotation different from ordinary consumers right to know. Financial consumers right to know, including the right to access to relevant information freely and fairly, the right of access to relevant information accurately, the right to access to relevant information timely, the right to access to fully relevant information. Usually public law norms protect the legitimate interests of financial consumers by strengthen financial regulation, but such protection is an indirect way of protecting consumer interests ,when financial consumers interest are harmed by financial managers they could not obtain appropriate compensation ,the interests of consumers can not receive direct financial protection. Finance consumption substantially formed between financial managers and financial consumers is a contractual relationship, protected by private law are more in line with the nature of financial transactions. Protection of private law referred to herein, including the financial managers’special private law obligations, private law rights of consume