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2008年金融危机发生后,各国监管者和学术界普遍认为金融危机爆发的一个根本原因,在于传统金融法和金融监管忽略了对金融消费者的保护。而笔者认为并不仅仅是对金融消费者保护不足重视不够,也不仅仅是对金融公平重视不够,实际上最为根本的原因是由于传统金融法未将因金融创新而诞生的新金融法客体、新金融法主体(金融消费者)以及由此构建而诞生的新的金融法律关系即金融服务法律关系纳入其调整对象。因此,在金融法主体和金融法律关系重构的基础上,笔者进一步提出要重构以金融消费者保护为核心的金融法内在价值体系和以横向统合规制为路径的金融法外在制度体系。
After the 2008 financial crisis, regulators and academics in various countries generally considered one of the root causes of the financial crisis as the failure of traditional financial laws and financial regulation to negate the protection of financial consumers. However, I think it is not only that insufficient attention is paid to inadequate protection for financial consumers, nor is it simply a matter of paying insufficient attention to financial fairness. The most fundamental reason for this is that the traditional financial law will not be born as a new financial law object because of financial innovation. The main body of the new financial law (financial consumers) and the resulting new financial legal relationship that is the legal relationship of financial services included in the adjustment of the object. Therefore, based on the reconstruction of the main body of financial law and the reconstruction of the legal relationship of financial law, the author further proposes to reconstruct the intrinsic value system of financial law focusing on the protection of financial consumers and the external system of financial law taking the horizontal unification of regulation as the path.