On Legal Protection For The Financial Privacy Right Of Bank Customer In China

Privacy is an important personal right of civil subjects.With the continuous development and progress of society,people's concept of privacy has become stronger and stronger,and more and more attention has been paid to the maintenance of their own rights and interests.The development of the financial industry,based on the traditional right of privacy,has developed a new right,which is the right to financial privacy.The right of financial privacy not only possesses the personality right property,but also has the property right property,which can bring huge economic value.Therefore,the probability of its being violated is greatly increased.In particular,in recent years,the incidents in which bank customers' financial privacy rights have been violated have frequently been exposed.The lack of legal provisions on traditional privacy rights has brought new challenges.The research on the right of financial privacy in our country still remains at the academic level,and a complete theoretical system has not yet formed.The bank customers are unable to obtain timely relief when the financial privacy right is infringed.The insufficiency of legislation also hinders the healthy development of the financial industry.This article starts with a case,trying to analyze the power of the banking customer's financial privacy rights and legal protection status,and analyzes many problems existing in the current banking customers' financial privacy protection in China,and draws lessons from foreign mature legislative experience to improve the financial privacy of bank customers in China.The rights protection system puts forward superficial legislative proposals.In addition to the preface and conclusion,this article is divided into four chapters:The first chapter focuses on the overview of China's bank customers' financial privacy rights and the status of legal protection.Through the bank customer's financial privacy right,it defines the concept and basic content,and analyzes the status quo of China's bank customers' financial privacy legislation protection from the two aspects of current laws and financial regulations.The second chapter focuses on the problems and causes of bank financial privacy protection in China.First of all,it analyzes the problems existing in financial privacy of bank customers,analyzes its deficiencies from five aspects: subject,object,legal responsibility,regulatory agencies and exceptions.Secondly,it analyzes the problems of banking customers' financial privacy by legislation,bank internal management system,As a perspective to explore the root causes of the insufficient financial privacy protection for bank customers in China.The third chapter systematically expounds the characteristics and reference of foreign banks' financial privacy.By analyzing and summarizing the characteristics of protecting the financial privacy of bank clients in the legislation of the United States and the EU,the author analyzes and draws lessons from the system.The fourth chapter puts forward the suggestion of perfecting the legal protection system of financial privacy of bank customers in our country.Based on Chinese national conditions and drawing on the experiences of other countries,this paper puts forward six concrete proposals such as clarifying the legal status of financial privacy,and also puts forward the establishment of the system of protecting customer privacy and the regulatory mechanism of financial privacy for bank customers in the mixed operation mode perfect advice.