It Is Imperative To Strengthen The Protection Of Financial Consumers' Rights And Interests.

In the environment of economic slowdown and the release of bad pressure, the bank's asset growth and net profit growth in the three quarter have declined to some extent.

But we can see that the dynamics of banking reform are increasing.

The pformation speed of business structure and ownership structure results in the differentiation of intra industry performance.

Guiding opinions of the general office of the State Council on strengthening the protection of financial consumers' rights and interests

No. 2015 of the State Office [81]

The people's governments of all provinces, autonomous regions and municipalities directly under the central government, ministries and commissions under the State Council, and institutions directly under the State Council:

Financial consumers are an important participant in the financial market and a promoter of sustained and healthy development of the financial industry.

Strengthening the protection of financial consumers' rights and interests is an important part of preventing and resolving financial risks. It has positive significance for improving financial consumer confidence, maintaining financial security and stability, promoting social equity and justice and social harmony.

With the deepening of the reform and development of China's financial market, financial products and services are becoming more and more abundant. While providing convenience for financial consumers, there are also problems such as irregular financial products and services, frequent financial consumption disputes, weak awareness of financial consumer protection, and the ability to identify risks.

In order to standardize and guide financial institutions to provide financial products and services, build a fair and just market environment, and strengthen the protection of financial consumers' rights and interests, with the approval of the State Council, the following opinions are put forward:

I. guiding ideology

Guided by the spirit of the eighteen and eighteen third, fourth and fifth plenary session of the party, conscientiously implement the decision-making and deployment of the Party Central Committee and the State Council, adhere to the principles of marketization and rule of law, adhere to the combination of prudential supervision and behavior supervision, establish and improve the supervision mechanism and safeguard mechanism of financial consumer rights and interests, standardize the behavior of financial institutions, foster fair competition and good faith market environment, effectively protect the legitimate rights and interests of financial consumers, prevent and defuse financial risks, and promote the sustained and healthy development of the financial industry.

Two, job requirements

(1) the people's Bank of China, the Banking Regulatory Commission, the Securities Regulatory Commission, and the CIRC (hereinafter referred to as the financial management department) should work closely according to their duties and work closely to effectively protect the rights and interests of financial consumers.

The financial management departments and local people's governments should strengthen cooperation and explore the establishment of a coordination mechanism for the protection of financial consumers' rights and interests between the central and local people's governments.

(two) banking institutions, securities institutions, insurance institutions and other institutions engaged in financial or financial related businesses (hereinafter referred to as financial institutions) should abide by the principles of equality, voluntariness, honesty and trustworthiness, and fully respect and consciously protect the basic rights of financial consumers, such as property rights, the right to know, the right to choose independently, the right to fair pactions, the right to seek compensation in accordance with the law, the right to education, the right to be respected and the right to information security.

(three) the relevant social organizations in the financial field should give full play to their advantages, actively participate in the protection of financial consumers' rights and interests, assist financial consumers in safeguarding their rights in accordance with the law, promote the popularization of financial knowledge, and play an important role in the protection of financial consumers' rights and interests.

Three, standardize financial institutions' behavior

(1) improve the protection mechanism of financial consumer rights and interests.

Financial institutions should integrate the protection of financial consumers' legitimate rights and interests into corporate governance, corporate culture construction and business development strategies, implement the staffing and budget, and improve the working mechanism for the protection of financial consumers' rights and interests.

(two) establish a financial consumer appropriateness system.

Financial institutions should assess the risks and professional complexity of financial products and services, and implement hierarchical dynamic management, so as to perfect financial consumer risk preference, risk perception and risk tolerance evaluation system, and provide appropriate financial products and services to appropriate financial consumers.

(three) safeguarding the financial consumer's right to property security.

Financial institutions should protect the property rights of financial consumers in the process of purchasing financial products and accepting financial services.

Financial institutions should operate cautiously, adopt strict internal control measures and scientific means of monitoring and control, strictly distinguish between their own assets and customer assets, and do not misappropriate or occupy customers' funds.

(four) to protect financial consumers' right to know.

Financial institutions should, in a language that is easy to understand, disclose information that may affect their decisions in a timely, truthful, accurate and comprehensive manner to financial consumers, fully indicate risks, and do not publish fraudulent information that exaggerates product returns, disguise product risks, and so does not make false or misleading publicity.

(five) to protect financial consumers' right to choose independently.

Financial institutions should fully respect the wishes of financial consumers within the permitted scope of laws, regulations and regulations. Consumers shall choose and decide whether to purchase financial products or accept financial services by themselves. They must not buy or sell vigorously, nor can they sell products and services against the wishes of financial consumers. No other unreasonable conditions can be attached to them, and misleading means should not be used to induce financial consumers to buy other products.

(six) to protect the fair trading rights of financial consumers.

A financial institution shall not set up trading terms that violate the principle of fairness, and shall not increase financial consumer liability, restrict or exclude the legitimate rights of financial consumers in the standard contracts, and shall not restrict financial consumers from seeking legal relief channels, nor shall they relieve or exempt from the civil liability that this institution damages the legitimate rights and interests of consumers.

(seven) to protect financial consumers' right to claim in accordance with the law.

Financial institutions should conscientiously fulfill the responsibilities of handling financial consumer complaints, establish a multi-level complaint handling mechanism within the organization, improve complaints handling procedures, establish a complaint handling system, improve the quality and efficiency of financial consumer complaints handling, and accept social supervision.

(eight) guarantee the right of financial consumers to receive education.

Financial institutions should further strengthen financial consumer education, actively organize or participate in financial knowledge popularization activities, conduct extensive and continuous daily financial consumer education, help financial consumers improve their cognitive ability and self protection ability for financial products and services, raise financial consumers' financial literacy and honesty and trustworthiness consciousness.

(nine) to protect the right of financial consumers to be respected.

Financial institutions should respect the personal dignity and national customs and habits of financial consumers, and do not discriminate against discriminatory treatment due to differences in sex, age, race, nationality or nationality of financial consumers.

(ten) to protect financial consumers' right to information security.

Financial institutions should take effective measures to strengthen the management of the third party cooperative institutions, clear the rights and obligations of the two parties and strictly control the financial consumers

Risk to protect financial consumers' information security.

Four, improve the supervision and management mechanism.

(1) improve the laws, regulations and rules and regulations for the protection of financial consumers' rights and interests.

Financial management departments should promote timely revision of administrative regulations related to the protection of financial consumers' rights and interests, actively promote the basic work of legislation related to the protection of financial consumers' rights and interests, explore and explore special legislation for the protection of financial consumer rights and interests, and gradually establish and improve rules and regulations for the protection of financial consumer rights, clarify objectives, principles, standards, measures and procedures, and guide the establishment of business standards for the protection of financial consumers' rights and interests.

(two) strengthen the supervision and management of financial consumers' rights and interests.

Financial management departments should promote the joint efforts of prudential supervision and behavior supervision, strengthen supervision and inspection in accordance with the law, promptly investigate and punish violations of the legitimate rights and interests of financial consumers, innovate off-site supervision methods, make rational use of assessment and other means, further improve the effectiveness of off-site supervision, establish and improve financial consumer complaints handling mechanisms, effectively supervise and handle financial consumer complaints cases, improve risk warning and information disclosure mechanisms, strengthen risk identification, monitoring and early warning of innovative financial products, prevent risks from spreading, increase penalties for illegal financial activities, and maintain orderly operation of financial markets.

(three) improve the working mechanism for the protection of financial consumers' rights and interests.

Financial management departments should improve institutional setup, strengthen responsibility implementation and personnel protection, strengthen the coordination mechanism of financial consumer rights and interests protection, establish cross domain financial consumer education, financial consumption dispute resolution and supervision and law enforcement cooperation mechanism, strengthen information sharing, coordinate and solve major problems in the field of financial consumer rights protection, form joint supervision efforts, strengthen international regulatory cooperation and exchanges, and promote cross-border supervision and protection of financial consumers' rights and interests.

(four) promoting fair competition in financial markets.

Financial management departments should effectively use market restraint measures to prevent unfair competition behaviors of financial institutions, encourage financial institutions to develop more financial products and services that meet the needs of financial consumers at the center of improving customer satisfaction, enhance service levels and participate fairly.

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Five, establish and improve the safeguard mechanism.

(1) enhance the protection level of financial consumers' rights and interests.

Relevant departments and local people's governments should actively support and cooperate with the protection of financial consumers' rights and interests in their respective areas of responsibility, improve the comprehensive and multi area protection mechanism for financial consumer rights and interests protection, crack down on all kinds of financial illegal activities according to law, and effectively protect the legitimate rights and interests of consumers.

(two) establish a coordination mechanism for major emergencies.

For major emergencies involving the protection of financial consumers' rights and interests, the local people's government is responsible for coordinating the efforts of all parties in the administrative region to deal with emergencies.

The financial management departments should actively cooperate and coordinate the relevant financial institutions for emergency response and disposal.

(three) establish a long-term mechanism for financial knowledge popularization.

Financial management departments, financial institutions and relevant social organizations should strengthen research and comprehensively use various ways to promote the promotion and education of financial consumers.

The Ministry of education should incorporate the popularization of financial knowledge into the national education system and effectively improve the national financial literacy.

(four) establishment

Dispute resolution mechanism.

Financial management departments and financial institutions should establish and improve the mechanism for handling complaints about financial consumption, unimpede the channels for handling complaints and handling, establish a mechanism for mediation and arbitration of third parties in financial consumption disputes, and form a diversified financial consumer dispute resolution mechanism including self reconciliation, external mediation, arbitration and litigation, so as to promptly and effectively solve financial consumption disputes.

(five) promoting inclusive financial development.

Financial management departments should expand the coverage of Inclusive Finance and increase penetration in accordance with the relevant requirements of the state to develop Inclusive Finance.

Financial institutions should attach importance to diversity and diversity of financial consumer demand, and actively support underdeveloped and low-income groups to obtain essential and timely financial products and services.

(six) optimize the financial development environment.

We should establish a mechanism for optimizing the financial development environment, which is dominated by the government and widely involved in the society, strengthen the construction of social credit system, enhance the spirit of contract and credit consciousness of financial institutions, financial consumers, promote the environmental assessment of financial consumer rights and interests, and create a favorable financial development environment for the protection of the legitimate rights and interests of financial consumers.

All regions and departments concerned should strengthen their organizational leadership, pay attention to communication and coordination, strengthen organizational and capacity building, and give full support in terms of manpower, financial resources and material resources in accordance with the decision making arrangements of the Party Central Committee and the State Council.

All departments concerned should closely study and formulate specific implementation measures according to the actual situation, take effective measures, conscientiously assume the responsibilities of supervising and protecting financial consumers' rights and interests, protect the legitimate rights and interests of financial consumers, jointly create a good social atmosphere, promote the sustained and healthy development of the financial industry, and contribute to the realization of the grand goal of building a moderately prosperous society in an all-round way.

General Office of the State Council