我国金融消费纠纷投诉处理机制研究

A Study on the Complaint Handling Mechanism of the Financial Consumption Disputes in China

当前,为弥补传统金融消费纠纷处理机制存在非专业性以及非效率性等问题,在中国人民银行的主导下,我国先后在全国十余个市、县的人民银行中心支行设立了金融消费者权益保护中心,旨在建立统一的金融消费纠纷投诉处理平台。不过,当前的金融消费纠纷投诉处理机制尚存在法律依据缺失、统一的监管体系未建立、投诉处理机制缺乏效力约束等缺陷和不足,应当通过强化对金融消费者进行倾斜性法律保护、设置保护金融消费者的专门性机构以及完善金融消费纠纷的诉讼和非诉处理机制等途径,实现金融消费纠纷的依法快速解决。

Currently, to compensate for the non-specialty and the non-efficiency problems that the traditional financial consumption dispute handling mechanism has, under the guidance of the People's Bank of China, financial consumers' rights protection centers have been established at several central branches of the People's Bank of China in over 10 cities and counties, aiming at building up a unified financial consumption dispute complain settlement platform. However, some other defects and deficiencies still exist in the current financial consumption dispute complaint handling mechanism, as legal basis is missed; unified supervision system has not been established; the dispute handling mechanism lacks of validity constraints. Therefore, to realize that financial consumption dispute could be legally and rapidly resolved, some other routes should be strengthened, including granting legal protection which is inclining to financial consumers, establishing specialized agencies which protect the rights of financial consumers and improve the lawsuits and non-lawsuit handling mechanism.