【作者】 薛卫华；

【导师】 王彦明；

【作者基本信息】 吉林大学 ， 经济法学， 2005， 硕士

【摘要】 随着我国全社会信贷消费的飞速发展,信贷消费领域内消费者权益保护的问题凸现出来,如何利用法律手段保护处于弱势地位的广大消费者的基本权利问题,是本文关注的焦点。本文首先针对信贷消费领域内广泛使用的格式合同讨论了消费者知情权的保护问题,认为必须通过对银行等金融机构进行规制,以充分保障消费者的知情权的实现。其次,本文论述了消费者个人信用信息征集利用机制中消费者隐私权的保护问题。此外,本文还讨论了我国破产制度现存的缺陷,建议构建我国个人破产法律制度,通过个人破产中的免责制度、自由财产制度和破产和解制度等,对个人破产的信贷消费者进行保护。更多还原

【Abstract】 Based on the principles of laws, such as economic law, civil law and so on, the dissertation discusses the protection for the consumers’rights and interests in credit consumption, including the collection, protection and utilization of the consumers’information. In credit consumption, the consumers have the rights of privacy and knowing the fact and so on, which should be protected. On legislative perfection of legal systems, I have given some advice. The dissertation is divided into three parts: In the first section, the dissertation discusses the protection for the consumers’right to learn the truth. The formatted contract of credit is widely adopted by most finance organizations such as banks, because the contract privies have special economical and legal ground. Some special clauses of the formatted credit contract have to be learned by the consumers. So, law should protect the consumers specially. The credit consumption sometimes relates to the three principal parts: consumers, finance organizations and proprietor. The credit activities are special trade, in which inadequacy and un-symmetry information exist widely. Therefore, the government should legislate laws to regulate finance organizations and let them strictly fulfill apprizing and explaining obligations, so as to protect the consumers’right to learn the truth. The second section is the protection for the consumers’right of privacy in credit consumption. Personal credit evaluation is an inevitable process to the consumers in credit trade, which can measure the degree of personal credit. A person, who has good credit, can buy bread and butter ahead of schedule so as to enjoy convenience and comfort. In our country, the under-development of construction in credit system is restricting our development of credit trade, especially in credit consumption. Based on the review and comparison of the advantages of American Market Domain System, I present a personal credit law system framework, which includes collection, management and utilization of personal credit information, the core of which is that both government promotion and market management are necessary. At the same time, the personal credit system of our country should be run on the market principles. In the process of building personal credit information system, the protection for the consumers’right of privacy is very important. The third section is the protection for the consumers’rights in their bankruptcy. The credit consumption is a merchandise transaction based on individual credit. Sometimes, the consumers may consume beyond reach, without concerning about their actual incoming. The proprietors may award excess credit to the consumers in order to get more economic gain. All these may bring about extra burden, which cannot afford by the consumers. Therefore, the natural person bankrupt system should be established, taking account of bankrupt systems instauration, fair competition’s maintenance, meeting the need of credit consumers, and protection for loanees’rights and interests. We can confirm creditor’s rights, encourage the tolerance of loaner, give the loanees chances to grow up again and rebuild their credit, by establishing consumer absolution system,free property system and bankruptcy pacification. All theses materialize the proposition of protection for the rights and interests of loaners and loanees.更多还原