| In recent years,the trend of financial globalization has developed in depth,the domestic economy has entered a stage of steady and rapid development,information technology has become increasingly popular,and financial markets have become increasingly active.The endless stream of financial products has also attracted consumers to participate in finance.The competition in the market has brought vitality to the financial market.At the same time,it has also triggered the serious problem of the repeated damage to the legitimate rights and interests of consumers,exposing the problem of the existing financial consumer protection system and the lack of legislation in China.At present,financial consumers generally lack professional financial knowledge and information access channels.In the face of complex financial markets that emphasize professionalism,information and efficiency,it is difficult for them to truly understand the specific information of financial products and services,and finance.Compared with institutions,they are often in a relatively weak position.Therefore,it is extremely necessary to introduce cooling-off rules in the field of financial consumption to protect the legitimate rights and interests of financial consumers.The cooling-off period rule is to achieve a special institutional design for the protection of consumers.At present,developed countries such as the United Kingdom,Germany and Japan have introduced a cooling-off period system in financial consumer protection and are relatively complete,and have written it as a consumer right in relevant legislation.China started late,and relevant legislation is still in its infancy and initial stage.The revision of the Consumer Protection Law of 2013 marks the first step in the statutory legalization of the cooling-off period in China.However,there are still many problems and gaps in the application of this rule in the financial field.For example,the relevant laws and regulations have not yet been established.The current cooling-off rules have objections to the application and the system is not well protected,which seriously threatens the legitimate rights and interests of financial consumers.As far as the current judicial practice is concerned,the number of disputes between financial consumers and financial institutions has increased year by year,and it is difficult for consumers to obtain a successful judgment in judicial trials.This paper discusses the legislative status quo and judicial practice,points out the shortcomings of the domestic financial consumer cooling period rules,lacks a unified financial consumer protection institution,and the judicial relief system is imperfect.Based on the current domestic economic situation and legislative background,on the basis of drawing on and absorbing the legislative experience of developed countries such as Japan,the United Kingdom and the United States,it proposes to adopt a decentralized legislative model to formulate cooling-off rules for bank wealth management,insurance and consumer credit contracts,and establish a national The unified financial consumer protection agency,improve the judicial relief channels,and protect the interests of financial consumers by using the cooling period rules to protect their rights and interests. |
