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关键词:金融消费者 消费者金融 投资者 综合监管 分业监管
Abstract
The uncertainties as to the applicability of the traditional concept of “consumer” to the financial area, as well as the insufficient protection provided by current financial laws to the recipients of financial services, necessitate the building of the concept of “financial consumer” in China. A careful examination of relevant legislations in the United States and United Kingdom indicates that the definition and scope of the concept of financial consumer is more of a product of practical evolution than of a result of theoretical deduction, and is inseparably linked to the model and system of financial regulation. In consideration of the actual conditions in China, a feasible option is to on the one hand make a broad definition of financial consumer, covering the whole financial area, and on the other hand only provide for a general framework of financial consumer protection based on the principle of minimum coordination, leaving the drafting of implementing rules to the various sectoral regulatory bodies. Meanwhile, the existing concept of securities investor and the correspondent system of investor protection should be maintained, and brought into coexistence with the concept of financial consumer and the system of financial consumer protection.
Key words: Financial Consumer, Consumer Finance, Investor, Integrated Regulation, Sectoral Regulation
(全文见《环球法律评论》2012年第4期)