| 摘要: | 本研究主要係探討金融消費者保護法正式實施後，對金融服務業之財富管理業務所造成之影響，以及該法與其他各國類似法令規範間，存在哪些異同。在2008年全球金融海嘯爆發後，國內多數金融商品投資人血本無歸，長期以來金融服務業不當銷售的醜陋面，也因此浮上檯面，使得金融消費者權益終獲政府與金融主管機關的重視，於2011年6月由立法院三讀通過了專責維護金融消費者權益之法令---金融消費者保護法(簡稱金融消保法)，由該法所授權成立之財團法人金融消費評議中心，亦於2012年1月2日正式掛牌營運，為處理金融消費爭議之專責機構。透過法令與評議機制之搭配運作，以期使金融消費者權益之維護，得以具體落實。
不同於先前諸多針對該法之研究，多偏重在法令內容之鑽研，以及與國外類似法令規範之比較，本研究強調的著眼點，在於金融服務業者於金融消費者保護法實施前與後，其財富管理業務經營模式之差異，特別是金融服務業過去慣用之行銷手法或業務招攬方式，為了符合該法之規範，亦不得不進行適當調整。
由於該法為我國甫問世不久之金融消費權益保障法源依據，實施初期，仍有未臻完善之處，本研究提出未來得以加強與改進之建議如下：
一、主管機關的功能定位與角色執掌
遭遇重大爭議案件時，仍須由主管機關統一解釋，以確保日後類似爭議案件處理原則之一致性與公平性。
二、評議委員應採專任制
現行評議委員是由各界專家學者或社會賢達人士所兼任，可仿效英國，採專任制，以確立其應有之評議公信力。
三、議決模式應快速處理有效解決
為維護消費者權益，目前採合議制作成評議決定，惟所需程序相對複雜且時間冗長，未來可參照英國設計新的快速處理程序解決紛爭，以維護應有之評議品質及節省諸多不必要之成本。
四、調查權利缺乏強制力
為處理金融消費爭議案件，評議機構得於合理且必要範圍內，請求金融服務業提供相關資料或文件。然而該法並未對拒絕配合之金融服務業，訂有處罰規定，因此在無法定強制力介入之下，評議機構之權利是否得以完全發揮，尚有待觀察。
;This study confers how the Financial Consumer Protection Act has influenced the wealth management business in financial service industry after it’s carried out, and what common points and differences are between this act and the relative acts of other countries. If the deals of financial commodities and services occure contentions or quarrels, the consumer protection act had been used on this kind of event. Besides it, the contentions or quarrels were mediated by the guilds which is composed with the members in the financial service industry so that there had been a phenomenon, sportsmen and judgments are the same. The contracts that financial consumers signed with the financial service industry were lead by the financial service industry under the environment of the information asymmetry so that the rights and interests of consumers could not be guaranteed. In 2008, many domestic investors had no return for their hard-earned capital in Taiwan after the financial tsunami occurred, and the ugly side of the unsuitable sale of the financial service industry appeared by the way. It made the government and financial administration attach importance to financial consumers’ rights and interests. In June 2011, the act to defend financial consumers’ rights and interests mainly, the Financial Consumer Protection Act, was read the third time and passed by Taiwan parliament, and the Financial Consuming Dispute Resolution Center which is authorized by this act has begun to operate on January 2, 2013, an institute that deals with financial consuming dispute cases professionally. By the match of the act and the resolution mechanism, it’s expected that there is the implementation of the protection on consumers’ rights and interests.
This study stresses on differences of wealth management business in financial service industry between before and after the act’s carried out. Especially the used methods to market by the financial service industry must be adjusted in order to obey the act. Therefore, it is not the same as other relative papers that focus on researching in contents of clauses.
After gathering relative rules of several countries and referring relative literatures, the study found out that there is still some points of the act which are needed to be strengthened. For instance, what kind of the role the financial administration, the Financial Supervisory Commission should play, it must be more definite. Besides, the committee members of the Financial Consuming Dispute Resolution Center are part-time filled by experts and scholars so that it is difficult to resolute disputes deeply and professionally. Therefore, it is necessary to adjust the committee members from part-time to full-time in order to feature the credibility of this center.
Since this act is the newborn basis of consumer financial protection in Taiwan, there are still problems in the early implement. This study proposes the suggestions as follows for the possible improvements in the future:
1. Function and role of the competent authorities:
When the major controversial cases occur, the competent authorities should unify the legal interpretation in order to ensure the consistency and the fairness in principles with the similar cases in the future.
2. Full-time positions for the ombudsman committee members:
Currently, the ombudsman committee members are selected by the board from among fair and impartial persons and scholars. Offering fulltime positions to those members, like UK government, could help to establish their credibility.
3. Rapid and efficient model of decision-making:
In order to protect the right of customers, the currently ombudsman committee uses the collegiate system to make decisions, but the procedure needed is complicated and time-consuming. The rapid procedure designed by UK government is recommended to gain the time and cost savings.
4. Lack of compulsive force for investigations:
While handling financial consumer disputes, the ombudsman committee shall require the financial services enterprises to provide related information or documents fairly and reasonably.
However, this act doesn’t make any punishment for those financial services enterprises which refuse to cooperate. As a result, it is questionable whether the authority of the ombudsman committee could be fully performed. |
