金融消费者的法律界定——基于金融市场与传统市场的差异

The Legal Definition of Financial Consumers——Based on the Distinctions Between Financial and Traditional Market

确保金融消费者合法权益不受侵害是金融市场平稳发展的重要条件,而解决此问题的前提则是厘清金融消费者的内涵与外延。金融消费者这一概念虽与消费者联系密切,但鉴于金融交易与传统交易存在诸多差异,故不应将其局限于自然人的范围内。此外,金融消费者保护与投资者保护不可混为一谈,在传统理论的基础上,应充分考虑金融市场的特点及域外的发展趋势,以主体实力、交易对象等较为具体的标准来区分二者。

Ensuring that the financial consumers5 legitimate rights and interests are not violated is an important element of thestable development of the financial market, and the premise to solve the problem is to clarify the connotation and denotation offinancial consumers. Although the concept of financial consumers is closely related to consumers, given that there exist manydifferences between financial transactions and traditional transactions, therefore, it should not be limited to the scope of the naturalperson. In addition, the financial consumer protection and investor protection cannot be confused. On the basis of the traditionaltheory, comprehensive considerations should be given to the characteristics of the financial market and its development overseas,and more specific criteria should be taken to distinguish the main body and natural person from aspects such as the strength of themain body and transaction objects and so on.