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银行理财产品消费者知情权保护,是由于目前银行理财产品在合同条款设计、产品销售、纠纷解决等方面均存在不利于消费者利益的问题,在法律法规文本中也存在不足之处。鉴于目前银行理财产品及其制度规定存在的问题,需要将金融消费者纳入《消费者权益保护法》的保护范畴,强化银行在理财产品中的销售说明义务、特别风险提醒义务、临时告知及时提醒义务,在纠纷中由银行负担举证责任。近年来,银行理财产品日趋多样化,银行理财交易过程中消费者知情权侵害问题凸显,如信息披露不完全、风险提示义务不履行、银行与消费者信息不对称等现象,导致消费者处于弱势地位。文章试图从银行理财产品中消费者知情权问题出发,为我国银行理财方面提供意见与建议。
The protection of consumers ’right to know of bank financial products is due to the current problems of bank financial products in the design of contract terms, product sales and dispute resolution, which are unfavorable to consumers’ interests. There are also some shortcomings in the texts of laws and regulations. In view of the existing problems of bank financial products and their system regulations, it is necessary to include financial consumers in the protection category of “Consumer Protection Law” and to reinforce the banks’ obligation of specifying sales in wealth management products, and to remind them of the risks in a timely manner Obligation, in the dispute by the bank to bear the burden of proof. In recent years, banks have diversified their wealth management products. The issue of consumers’ right to information infringement in the course of bank financial transactions has become prominent, such as incomplete disclosure of information, failure to perform risk warning obligations, asymmetric information between banks and consumers, etc., resulting in consumers being in a weak position . This article attempts to provide advice and suggestions for the financial management of banks in our country from the perspective of consumers’ right to know in the bank’s financial products.