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金融商品和金融服务的创新发展催生了金融消费者主体的形成,而基于信息不对称的金融业者和金融消费者之间的不公平交易关系,使得金融消费者的保护问题日益成为金融法的核心和各国金融监管的重要目标。金融消费者保护的关键节点在于金融商品的销售过程,以“推介行为”这一总体概括所有与金融商品有关的销售行为的概念入手,探讨金融商品销售环节中金融机构及其从业人员与金融消费者之间的权利义务关系,从金融商品销售过程中的说明义务、适合性原则等角度论述对金融机构以及从业人员的约束,从而实现金融商品、金融服务统合立法、统一监管的突破,达到倾斜保护金融消费者的目的。
The innovative development of financial products and financial services has led to the formation of the main body of financial consumers. However, the unfair trade relationship between financial and financial consumers based on asymmetric information has made the protection of financial consumers increasingly the core of financial law And the important goal of the financial supervision of all countries. The key point of financial consumer protection lies in the process of sales of financial products. With the concept of “promoting behavior” as a general summary of all sales behaviors related to financial products, the paper discusses the relationship between financial institutions and their employees in the sales of financial products Financial rights and obligations between consumers, the financial obligations from the sale of goods in the process of explaining the principle of compatibility of financial institutions and practitioners to discuss the constraints in order to achieve financial products, financial services, integrated legislation, a unified regulatory breakthroughs, To achieve the goal of protecting financial consumers.