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Essay代写:The UK's financial ombudsman system

2019-01-10 | 来源:51due教员组 | 类别:Essay代写范文

下面为大家整理一篇优秀的essay代写范文- The UK's financial ombudsman system,供大家参考学习,这篇论文讨论了英国的金融申诉专员制度。英国于2000年通过了《金融服务与市场法》,将原有的金融申诉专员组织进行了整合,并成立了一个金融申诉专员服务公司,专门处理消费者与金融机构之间的纠纷。据此,一个统合型的金融申诉专员服务机构在英国正式建立。英国的金融申诉专员制度具有独立、公平、快速灵活、易接近民众等特点。

financial ombudsman system,英国金融申诉专员制度,英国代写,英国论文代写,essay代写

In the face of increasing financial consumption cases, the financial ombudsman system, as a kind of dispute resolution mechanism outside litigation, is highly praised by many countries for its unique institutional advantages. England is the first country to construct FOS system, and its system model is the most representative, so it is used for reference by many countries.

In recent years, in terms of law and policy, countries have increasingly emphasized the diversified development of financial consumption dispute resolution mechanism, and strengthened the emphasis on "dispute resolution mechanism outside litigation". Looking at the financial ADR system in various countries, in addition to the "arbitration" and "mediation", there is also a system called "ombudsman". As far as the ombudsman system is concerned, it was originally an appeal processing mechanism in the field of public law to deal with citizens' complaints against government agencies or civil servants.

In the 1980s, the ombudsman system was extended to financial services in order to strengthen the protection of financial consumers and establish a rapid, low-cost and accessible dispute settlement mechanism. The first financial ombudsman system was set up in 1981 when several UK insurers set up their own insurance ombudsman. Subsequently, the ombudsman system was gradually extended to all areas of the UK financial industry. In fact, the establishment of various financial ombudsman systems has indeed enhanced the protection of financial consumers, but it has also resulted in the overlapping of various complaint mechanisms, which often make consumers at a loss. In addition, the independence and credibility of these ombudsman mechanisms are often questioned, and the decentralized appeal mechanism is prone to lead to blind spots in jurisdiction. So the call for a unified financial ombudsman is growing. Against this backdrop, the UK passed the financial services and markets act in 2000, which consolidated the existing financial ombudsman organisation and set up a financial ombudsman services company to deal with disputes between consumers and financial institutions. Accordingly, a unified financial ombudsman service was formally established in the UK.

FOS in the nature of the United Kingdom belongs to guarantee liability limited company, its organizational structure includes three parts, namely: the board of directors and executive team, case processing department, basic support department. FOS's board of directors currently consists of nine people, and are non-executive directors. The directors are appointed by the financial services authority, while the chairman is nominated by the FSA and confirmed by the Treasury. FOS chairman of the board of directors to the FSA quarterly report on the implementation of the work plan, every year to submit the annual performance of the company's various functions report. FOS directors are appointed by the FSA, but it is not a civil servant, and once appointed may not be removed at will. In addition, FOS operating funds are not from the government, but from two aspects, namely: one is the annual fee paid by financial institutions, the second is the case processing fees. The fees charged for handling the case are borne by the financial institution against which the complaint is filed, and consumers do not have to pay.

According to the provisions of the FSA guidance manual, the consumers can appeal to FOS include: first, individual consumers; Second, small and micro enterprises; Third, public interest groups earning less than 1m a year; Fourth, a trustee with a net asset value of less than 1m. At the same time, the plaintiff's complaint must also be within the jurisdiction of FOS. Specifically, FOS jurisdiction is divided into two types, namely: when the plaintiff to FOS complaints belong to the financial activities within the mandatory jurisdiction rules formulated by the FSA, the application of "mandatory jurisdiction"; When a plaintiff's complaint about FOS falls within the FSA's voluntary jurisdiction rules for financial activities, the "voluntary jurisdiction" applies. In addition, when the UK consumer credit act was amended in 2006, section 59 and section 60 of the consumer credit jurisdiction provisions were added. At the same time, FSMA also amended section 226A and section 234A to serve as the legal basis for the consumer credit jurisdiction. Therefore, in addition to mandatory jurisdiction and voluntary jurisdiction, FOS also includes "consumer credit jurisdiction." It should be pointed out that before consumers to FOS complaints, it should be the first to the complaint of the financial institutions, the financial institutions must respond within eight weeks. If consumers can not accept the response, or more than eight weeks still no response, it can file a complaint on the case to FOS. In addition, FOS also provides for the limitation of appeal, that is: in the right to be violated within six years from the date, or know the right to be violated within three years from the date; if you receive a financial institution's decision, the plaintiff is required to file a complaint to FOS within six months.

FOS for consumer complaints case processing includes three stages. In the first stage, the customer liaison department first reviews whether the complaint should be accepted. After the review, the customer liaison department of the consumer consultant will listen to the views of both sides of the dispute and see the relevant information, after which it will put forward to consumers FOS resolution recommendations. If the dispute cannot be resolved, the case will be transferred to the case department and enter the second phase. In the second stage, the referee will mediate between the two parties to reach a settlement agreement. If a settlement cannot be reached, the first referee will make an initial decision. In cases where the initial decision still fails to resolve the dispute, the case will proceed to the third stage, which will be heard by the ombudsman. In the third phase, the ombudsman will, in principle, hear the case in writing, but may still hear the parties' views or hold a hearing if necessary. The decision of the ombudsman is final. If accepted by consumers, the ruling automatically takes effect for financial institutions. If the consumer refuses or does not reply FOS within the specified time, the ruling is not binding on both parties to the dispute, at this time, consumers can Sue the court separately.

In general, the British FOS with independent, fair, fast and flexible, easy to access to the public and other characteristics. These characteristics make the British FOS in the handling of financial consumption cases plays a very important role, but also make it gradually become the model system in countries, and set off a wave of legal transplant in the whole world.

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