On the Legislative Logic and Normative Expression of Financial Consumer Protection Law
In traditional financial law theory,influenced by the theory of dual distinction between public and private law,legislators often regard financial regulatory law and financial transaction law as two legal norms.It is the most crucial aspect of the transition to private financial law that the introduction of civil liability mechanisms in the field of financial law.Relevant private law regulations can also be introduced to a certain extent into the field of financial law to compensate for the lack of financial supervision,improving the financial legal system,and ensure the safety of financial consumption.In terms of financial regulation,the Twin Peaks theory proposes two goals,namely,prudential regulation in order to prevent the occurrence of systemic financial risks at the root and to protect the rights of financial consumers and safeguard their legitimate rights and interests as much as possible.Therefore,it is necessary to integrate regulatory objectives into the specific structure of the financial consumer protection law,including target regulation,behavioral regulation,and continuous regulation.The Financial Consumer Protection Law Should not consider the systems that have been fully regulated by laws and regulations such as the Civil Code,such as loan contracts and guarantee contracts.The financial consumer protection law is also not suitable for systems that only have the meaning of specialist,such as the deposit insurance system.At present,the phased construction of the Financial Consumer Protection Law mainly includes establishing the concept of financial consumers,the obligation to expand the calm period of financial institutions,the obligation to regulate the appropriateness of financial institutions in a unified manner,and establishing the"solvency rules"for financial consumers.
financial consumer protection lawfinancial regulationfinancial private lawprivate law norms
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