金融消费者权益法律保护研究

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1、◆目录摘要································································1ABSTRACT····························································3导言································································5第一章金融消费者权益保护的理论基础······························

2、···7第一节金融消费者的概念·············································7一、消费者的概念··················································7二、金融消费者概念的提出··········································8第二节金融消费者权益特别保护的原因································．9一、金融领域的信息不对称············一··

3、·········””·一········”9二、格式合同在金融业中的广泛使用·································11第二章金融消费者知情权的保护······································13第一节说明义务的性质与特点········································13一、说明义务的性质·················一””····一一”一”“··一”一13二、说明义务的特点···············

4、················-·····一···““·13第二节说明义务的标准··························一···一“”·········14一、说明义务的一般标准··············””·····”一“一．．”··“””14二、判例对金融机构说明义务的界定·······················“···一···16三、法律对金融机构说明义务的规定·-·······························17第三节风险预告制度····”一··”“”一”

5、”．．”一”一”一一”””””18一、风险预告的内容···················“““一一一一一一”····””·18二、风险预告制度的实施·····························一一·”········19第三章金融消费中公平交易问题····························一·······．20第一节格式条款的规制··································一··········20一、格式条款的使用················

6、·················一””········20二、格式条款的解释···············································．22三、格式条款的效力限制························””“一””·······．23第二节强制交易的禁止·············································．24一、金融机构收费的合法性问题·····································．24二

7、、金融服务收费与强制交易的认定·································．26第四章金融隐私权的保护···········································29第一节金融隐私权保护的必要性····························-·········29一、金融隐私权的财产权属性·······································．29二、信息处理技术与传播手段的发展·····················

8、············．29三、金融机构混业经营的放开···································“··．30第二节金融隐私权的立法发展·······································30一、金融混业经营禁止时期····································”···．30二、金融混业经营放开时期·······································