Regulations of financial products selling methodsabout the duty of disclosure and the principle of suitability－the comparison legal study on Taiwan and Japan

• Main Authors: Hsuan-Hsiang Huang, 黃鉉翔
• Other Authors: Nai-Yu Chen
• Format: Others
• Language: zh-TW
• Published: 2011
• Online Access: http://ndltd.ncl.edu.tw/handle/12601253618347646350

碩士 === 中原大學 === 財經法律研究所 === 99 === When the country began to deregulate the domestic financial and encourage the development of the financial industry and innovation, the large number of new financial products and services were flooded with the entire financial market, , not only to provide a variety of financial consumer choice, but also financial consumer and financial service providers because financial products or services, financial disputes born of the most intense growth, means that those who condone the financial services industry the results of market abuse, the lack of relevant legislative norms to protect financial consumers, their interests are directly affected by abuse, which may cause the whole financial crisis . Since then, the country embarked on the legislation to protect the financial interests of consumers and the related activities of the financial system reform, financial products and financial considerations of the special nature of the consumer, that the measures should establish a systematic content, and implementation of specific legislation regulate them. In 2000 and 2006 years, Japan respectively trafficking law enacted Financial products selling act and Financial Instruments and Exchange Act, which regulate the financial services industry who promote or sell financial products, should comply with certain statutory obligations and responsibilities, to give legal rights of financial consumers, both equity unequal status of the parties to the transaction status. Therefore, this article from the viewpoint of comparative law, to Japan in the legislation clearly stipulates the Duty to disclose and Principle of suitability, for the description and the corresponding principle of civil liability for research-based review of Taiwan from the traditional norms, to the draft Financial Services Act , then the financial consumer protection act was passed, the financial services industry who acts regulate the sale of financial products, in its description of duties and for the content of the principle of whether there is need to amend or supplement the Department, made a little humble opinion of the recommendations for future legislation to improve our reference. Whether from Taiwan or Japan, the contents of the financial and legal system, to explore how to strengthen the financial services industry who sell financial products behavior norms density, mostly focused on the description of duties and principles of the guidelines for the use of financial products but from the entire sales process, the information provided size, also affect the financial transactions to determine whether or not consumers correctly. Therefore, this stand to protect the interests of consumers of financial position, financial products sales practices that regulate the norms, should focus on the description of duties, and information provided for the principle of the obligation to balance among the three proposed construction of Taiwan's financial service providers to re-sell financial behavior of the appropriate product specification.