| The rapid development of Internet,mobile communication and other information technologies has broken through the obstacles in the existing financial system and mechanism,and opened up nearly infinite space for financial innovation.However,accompanied by this breakthrough is a variety of pattern innovation,a variety of participants mixed,consumer information leakage,risk prevention and control mechanism is not sound,personal information system hidden dangers,platform responsible person run away and other problems frequently appear.For a time,Internet finance is in a disordered state with "no entry threshold,no industry standard and no regulatory rules".All kinds of phenomena show that the value of information resources increases rapidly under the influence of the Internet.Compared with the powerful Internet financial institutions,consumers’ information rights are gradually weakened and infringed in reality due to severe information asymmetry.Therefore,the legal protection of Internet financial consumers’ information rights has become an urgent problem to be studied in China.This paper USES case analysis,comparative analysis,historical analysis and normative analysis to study the legal protection of Internet financial consumers’ information rights in China.Article studied the fundamental problem of the Internet financial information rights to protect consumers,analyzes the problem of Internet financial consumer information rights protection in our country and its causes,in other country the Internet consumer financial information rights protection on the basis of experience,proposed consummates our country legal countermeasures of protection the right of Internet consumer financial information.In addition to the introduction and conclusion,this paper is mainly composed of four parts:The first part is an overview of the protection of Internet financial consumers’ information rights.This part firstly analyzes the basic concept of Internet financial consumer protection,and expounds the connotation and extension of financial consumers.Secondly,it analyzes the concept and attribute of the information right of Internet financial consumers.At the same time,the concept of privacy right and information right which are easily confused in theory is compared so as to clarify the scope of information right in China.Finally,this paper discusses the institutional value of the legal protection of financial consumers’ information rights in the Internet era from the theoretical,property and practical aspects.The second part analyzes the institutional changes and problems of the protection of Internet financial consumers’ information rights in China.First,by putting forward the specific problems of real case to protect the right of our country financial consumer information on the age of the Internet’s real problem,secondly analyses the problem of financial consumer information rights protection in our country,mainly includes the lack of legislation,inadequate supervision,the right remedy way limited and Internet financial consumer oneself four aspects such as the lack of safety consciousness.The third part is the reference of foreign financial consumer information right protection system.Mainly expounds the United States,the European Union and Japan and other developed countries and the area of financial consumer information rights protection system mode,refer to the related system in foreign developed countries can be concluded that the financial consumers on the legislative model of information rights must be adapted to the situation of our country,and adhere to the basic principles of consumer financial protection information superiority,clear the scope of protection of the personal financial information but also pay attention to combine legal norms and self-discipline rules.The fourth part is the legal countermeasures to protect the information right of Chinese Internet financial consumers.This paper puts forward the following Suggestions from four aspects: first,improve the legislation on the protection of financial consumers’ information rights,including determining the legislative model,clarifying the subject of financial consumers’ information rights protection obligations and strengthening the operability of relevant laws and regulations;Second,strengthen the supervision and management of the financial industry,clarify the supervision subjects of financial consumption,clarify the principles of legal supervision of Internet finance,build a legal supervision system of Internet finance,and establish the legal status of mixed supervision.Third,we should optimize the diversified resolution mechanism of financial consumers’ information rights disputes,improve the non-litigation settlement system of financial consumers’ information rights disputes,and improve the litigation relief system of financial consumers’ information rights disputes.Fourth,we will improve the system of social governance. |