A Study On The Disclosure Duties Of The Financial Consumer Protection legal stystem- Also on the legal stystems in Japan and in Taiwan

• Main Authors: Chen Mei-LU, 陳玫儒
• Other Authors: LIN Zhao- Zhi
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/6j698a

碩士 === 國立高雄大學 === 法律學系碩士班 === 106 === Due to the financial turmoil caused by the bankruptcy of Lehman Brothers, the impact of the global debt, the continuous investment disputes in Taiwan caused by the constant lack of relevant regulations, so that Taiwan investors are asking for nowhere, the crux of the problem, mainly in the promotion When the financial product was sold, it was not due to the obligation to explain it. However, due to the obligation of the financial industry at the time, there was no clear standard. It also promotes China's emphasis on financial consumer protection. In order to improve the operation of financial markets and protect the protection of financial consumer rights, the Financial Supervision and Administration Commission of the Executive Yuan proposed the "Financial Services Law Draft" as an integrated specification in 2007. In 2008, the amendment was completed and the name was “Financial Services Industry Law”. However, after the return of the Executive Yuan in 2010, it was in a state of stagnation. The Financial Management Committee then proposed the draft Financial Consumer Protection Law, and in December 2011. Formally implemented on the 30th, as the basis for the protection of financial consumers. In view of the fact that financial products have occupied the living areas of consumers in an unprecedented speed in recent years, the design of financial products is complicated, and it involves difficult professional knowledge, so that financial and financial consumers can make information, financial resources and negotiation. There is a huge gap in capacity, and the reasons for the endless stream of financial transaction disputes are mainly due to the asymmetry of information and status between the two parties. If only the norms of civil law and consumer protection law are adopted, as a norm for solving financial transaction disputes, there is fear. Not caught. After the Financial Review Center began, it is worthy of concern whether it is different from previous court opinions. This paper intends to discuss the obligation of explanation from the perspective of information asymmetry and the financial consumer protection law, and analyze its origin, legal basis and nature, and before the implementation of the Financial Consumer Protection Law, according to the Civil Law and Consumer Protection Law. The norm, as a legal effect to resolve disputes between financial service providers and financial consumers; and to verify the implementation of the Financial Consumer Protection Act, the analysis and supporting measures for the system of accountability, but because of the wide variety of financial products, It is intended to be the most affordable for general consumers, and is often used as an insurance-type insurance product for capital preservation and wealth management tools. The system of suitability principles is discussed to help clarify the importance of the principle of suitability for financial transactions and financial consumer protection. Sexuality, discuss the application of the current norms, and the problems of the applicable laws and regulations in the old law period; and use the Japanese law as a revelation to analyze the lack of the Japanese financial reform and the principle of the test, to analyze some of the shortcomings of China's legal system, to strengthen The importance of the principle of suitability, trying to analyze the principle of suitability may not be fulfilled Place, and the corresponding amending the law proposal. Keywords: financial