How to protect the rights and interests of rural financial consumers
Judging from the current situation of rural financial consumption in China, the level of rural economic development is low but it is growing rapidly, and rural financial consumption is relatively lagging behind. At present, the financial consumption of rural residents is mainly cumulative consumption such as building houses, educating children and getting married. Rural financial institutions mainly provide small-scale productive loans. In addition to student loans, personal housing loans, durable consumer goods loans and automobile consumption loans widely carried out in cities are relatively shallow in rural areas. In the rural financial market, credit, securities and insurance products have not formed a development situation of mutual combination and complementarity. In recent years, the state has implemented a series of fiscal, monetary and tax policies to support agricultural and rural development. The income level of rural residents has increased year by year, and the rural consumer market has become increasingly active. With the development of China's social economy, especially the rural economy, the economic life of rural residents has become more and more closely linked with financial institutions. Buying financial products and receiving various financial services has become one of the indispensable consumption of quite a few people in their daily lives. However, due to many factors, the consumption level of rural residents has been lagging behind that of cities. Due to the supply and demand structure, macro-environment and legal system, the development speed of rural financial consumption needs to be further accelerated, and the protection of financial consumers' rights and interests needs to be continuously strengthened. The first issue is the right to education of rural financial consumers. It is manifested in the lack of basic financial knowledge and the lack of ability to obtain financial resources. At present, the government, social education institutions and financial institutions have not systematically educated rural consumers, and the spread of modern financial knowledge and ideas in rural areas is spontaneous. Rural residents' financial knowledge is mainly limited to banking, and they know little about securities and insurance. For banking business, most rural residents only know traditional businesses such as deposits and loans, but they basically don't know new financial services and products, let alone specific practical applications. The second is the right to know of rural financial consumers. It is manifested in opaque transaction information and insufficient awareness of financial consumption rights. The right to know (the right to obtain real information of financial institutions) is divided into the right to know about financial products and services, the right to know about transaction processes and the right to know about regulatory policies. For example, complaints and disputes focus on bank charges, and information disclosure of financial institutions in some rural areas is insufficient. It is difficult for rural residents to know the specific charging items and amount before handling business. Sometimes they simply don't know that the legitimate rights and interests of their financial consumers are being violated, let alone safeguarding their rights and interests. Third, the fair trading rights of rural financial consumers. It is characterized by insufficient market competition and credit discrimination. In practice, financial institutions mostly use pre-printed insurance contracts, loan contracts and guarantee contracts. Determine the legal relationship with consumers. Due to the limited legal knowledge, rural financial consumers are often unable to judge whether there are unfair or fraudulent clauses, and are vulnerable to infringement. In addition, many financial institutions restrict the professional identity of consumer loan customers, and rural residents are usually not eligible to apply for consumer loans, so the right space for rural residents to obtain loans fairly is squeezed. Fourth, the protection of the rights of rural financial consumers. Mainly in property rights, personal safety is less violated. The right of property security refers to the right of financial assets security, that is, financial institutions have the obligation to protect the security of financial consumers' deposits, credit cards and other assets, such as depositors' deposits being impersonated, loans being misappropriated, stocks being sold at low prices, etc., which are all violations of rural financial consumers' property security rights. Because the business premises of financial institutions are generally safe, the personal safety of consumers is less violated. Fifth, the issue of rural financial consumers' right to compensation for damages. The main performance is that there is no way to complain, and it is difficult to safeguard rights and interests by legal means. The right of compensation for damages refers to the right of financial consumers to claim compensation from financial operators when they suffer personal or property damage due to non-intentional or negligence. This right is the proper meaning and natural and reasonable extension of the safety right of financial consumers. Only when this right is finally realized can the legitimate rights and interests of consumers be truly protected. In practice, the legal awareness and rights protection awareness of rural financial consumers are weak. Once a dispute occurs, it is often difficult to complain and prove, and it is difficult to effectively safeguard one's legitimate rights and interests through legal channels. Countermeasures and suggestions must adhere to education first and vigorously improve consumers' self-protection ability. In communication with financial institutions, consumers are often in a weak position. The main reason is that financial consumers lack the necessary financial knowledge, lack accurate judgment on the publicity and transaction risk assessment of financial practitioners, and are easy to fall into financial traps and encounter financial fraud. Therefore, to improve the protection level of rural financial consumers, the most fundamental way is to carry out in-depth education of financial consumers, so that consumers can know their rights, how to realize their rights, and how to get relief when their rights are violated. Therefore, financial institutions should make use of their own professional knowledge and business premises to popularize relevant financial knowledge to township farmers and small business owners, and constantly improve rural residents' awareness of financial risks, so as to enhance their image and reputation and enhance consumers' confidence in bank products and services. We must adhere to the system orientation, build a perfect system of rural financial consumer rights and interests, and give consideration to the accessibility and fairness of financial services. The Consumer Protection Law is the basic law to protect consumers' legitimate rights and interests in China, but "financial consumption" is obviously different from the consumption of general goods and services in both external performance and essential characteristics, and whether the Consumer Protection Law can be fully applied is still controversial. Although the Banking Supervision Law, the Commercial Bank Law and other financial laws all mention in principle that the legitimate rights and interests of depositors, investors and citizens should be protected or safeguarded, there is no clear stipulation on financial consumption and its rights and interests in the normative design, which cannot provide appropriate protection for financial consumers in a weak position. Some rules and regulations of relevant financial regulatory agencies, such as Regulations on the Administration of Renminbi, Regulations on the Administration of Foreign Exchange, and Measures for the Administration of Bank Card Business, are related to the protection of financial consumers' rights and interests, but they are not clearly defined in issues such as the distribution of rights and interests between the two parties, protection measures, infringement remedies, etc., and have a low level of legal effect, which has a very limited effect on the protection of financial consumers' rights and interests. Therefore, it is imperative to formulate a systematic law on the rights and interests of financial consumers, and it is necessary to make a clear response to the legal problems faced by rural financial consumers. We must insist on clear responsibilities, and define the competent institutions and protection systems of rural financial consumers. Compared with prudential regulators and trade associations, the advantages of China People's Bank in protecting financial consumers lie in its authority, professionalism and neutrality, which can not only undertake the overall framework design of financial consumer protection, but also lay a solid foundation for the future reform of financial consumer protection. Specific to the field of rural financial consumer protection, financial consumer protection is both macro and micro. On the micro level, financial consumer protection is manifested in countless cases. Compared with other regulatory authorities, the People's Bank of China has an absolute advantage in the number of outlets and personnel, which is convenient for guiding financial consumers to protect their rights according to law and supervising and guiding financial institutions to carry out the protection of financial consumers' rights and interests. The protection of rural financial consumers is a systematic project. To build a perfect rural financial consumer protection system, we need to give full play to the joint efforts of industry and commerce, education, justice and other departments, financial institutions, colleges and universities, industry associations and private consumer protection organizations. We should adhere to a slight emphasis and attach importance to financial services for economically underdeveloped rural areas and vulnerable groups. The development of financial industry in the vast rural areas of central and western China is lagging behind, the problem of "financial repression" is more prominent, and the problem of financial capital outflow is serious, which restricts the local economic development and the improvement of rural residents' living standards. Due to the wide service range, high input cost, high risk and low income of providing financial goods and services to underdeveloped rural areas and vulnerable groups, the enthusiasm of financial institutions to implement the policy of supporting poor rural areas and vulnerable groups is not high, and it is difficult to fully implement the policy. In this regard, financial institutions should further enhance their sense of social responsibility, set up specialized service institutions, develop specialized service products, strive to expand financial services to underdeveloped rural areas and vulnerable groups, and ensure and promote more rural and rural residents to obtain equal financial services and develop together. We must persist in taking the lead in practice and strive to improve the level of institutional financial services. The protection of financial consumers must be internalized into the conscious action of financial institutions. Weinan Central Sub-branch of China People's Bank implements "Ten Systems" to protect the rights and interests of rural financial consumers. For more exciting pictures, please visit "National Photography".