论金融消费者概念之否定

近年来,我国理论界与实务部门普遍认识到对金融领域消费者进行特殊保护的重要性,但鲜有人论及金融消费者这一概念存在的必要性。对金融领域消费者的权益进行保护是确立金融消费者概念的最大动因。不过,通过对现有消费者保护领域的法律及金融领域的法律的整合、修改,即可达到保护金融领域消费者的目的,因而无须设立金融消费者概念。事实上,因金融消费者存在内涵上的局限性,并不利于对金融领域处于相对弱势地位的金融机构的交易相对人的统一保护。因此,应将金融消费者保护确立为一种法律理念,而无须为此专设一个概念。

The Negation of The Concept of Financial Consumers

In recent years, the importance of giving specific protection to the financial consumers has been widely recognized, which has been extensively discussed. However, few persons analyze the necessity of the concept of financial consumers. And protecting the rights and interests of financial consumers is the most important motivation to establish the concept of financial consumers. But such purpose can be achieved by means of integrating and amending the law in the field of consumer protection and finance. Therefore, it is unnecessary to establish the concept of financial consumers. In fact, it is unhelpful to the protecting of financial traders who are in a relatively under-priviledged position in the field of finance because of the limitation on the connotation of financial consumers. Hence, it is important to regard the protection of financial consumers as the legal idea instead of a concept.