A Study on Commercial Bank Consumer Finance Contract Dispute in Mainland China--Focusing on the Selling for Investment products

• Main Authors: HUANG,I-CHING, 黃意菁
• Other Authors: 王煦棋
• Format: Others
• Language: zh-TW
• Published: 2013
• Online Access: http://ndltd.ncl.edu.tw/handle/14709196712643089016

碩士 === 東吳大學 === 法律學系 === 101 === In Mainland China, along with the social progress and economic development, people gain more income and assets so that they have the needs to maintain and even increase the value of their fortune. Therefore, investment products were generated accordingly and have been developing, and individual fortune management business provides people with professional service. Individual fortune management business features its extensibility, diversity, low-risk and income-stability. Since the profits based on traditional business gained by commercial bank in Mainland China have decreased, promoting individual fortune management business becomes an evitable trend. To grab the profits from the individual fortune management business, each commercial bank in Mainland China has released and marketed vigorously various investment products in recent years. Nevertheless, due to non-compliance with sale rules and insufficiency of financial supervision, disputes raised from selling investment products have been brought about. To resolve such issues, not only should commercial banks pay much attention to consumers’ interests and the controls of credit risk, operational risk and market risk, but the government should emphasize consumer protection and formulate complete and appropriate regulations and measures regarding the sale of investment products. Moreover, the government should establish financial consumer dispute resolution institutions to ensure financial consumers’ benefits and facilitate people to solve their contractual disputes with huge banking industry in an equitable and effective way. This dissertation will be divided into six chapters. The first one introduces research motives and methods; literature discovery and expected results; research scope and structure. The second chapter introduces the development of investment products, market overview, trade characteristics, and rules of sale. The third chapter will elaborate respectively the history of financial consumer protection and the mechanism of dispute resolution in United Kingdom, United States, Germany and Taiwan. The fourth chapter will analyze the current business situation of commercial bank in Mainland China, including clarifying the problems existing in the present market of investment products, and discussing the regulations on the sale of investment products. The fifth chapter focuses on case studies, that is, identifying the issues and problems from the facts and rules in product-selling dispute cases and analyzing them with Taiwanese relevant practical experiences. Finally, in chapter sixth, it will conclude with a sound regulations and supporting measures with respect to commercial bank’s sale of investment products and try to propose some suggestions for improving the relevant regulations in Mainland China.