作者： admin

　　On December 27th, the People’s Bank of China publicly solicited opinions on the Implementation Measures of the People’s Bank of China for the Protection of Financial Consumers’ Rights and Interests (Draft for Comment). The "Implementation Measures" specifically regulate the behavior norms of financial institutions, the protection of consumers’ financial information, and the settlement of financial consumption disputes.

　　What should financial institutions do?

　　Protection of consumers’ rights and interests should be included in the assessment.

　　The "Implementation Measures" require that financial institutions should formulate the overall plan and specific work measures for the protection of financial consumers’ rights and interests in their own institutions. Establish a full-time department or designate a lead department to protect the rights and interests of financial consumers, clarify the responsibilities of departments and personnel, and ensure that they have enough manpower and material resources to work independently.

　　Financial institutions shall carry out special training on the protection of financial consumers’ rights and interests at least once a year.

　　When financial institutions carry out evaluation, they should take the protection of financial consumers’ rights and interests as an important content, rationally allocate the proportion and weight of relevant indicators, comprehensively consider business compliance, customer satisfaction, timely complaint handling rate and qualified rate, and not simply take the number of complaints as the evaluation index.

　　Relevant information shall be kept for at least three years after the termination of business relationship.

　　The "Implementation Measures" stipulate that when financial institutions disclose information on financial products and services, they should use a way that is conducive to the reception and understanding of financial consumers. The rules for the collection and use of consumer financial information should be made public, and the purpose, method and scope of the collection and use of consumer financial information should be clearly stated. For important information related to the immediate interests of financial consumers, such as interest rates, fees, benefits and risks, key technical terms should be explained according to the complexity and risk level of financial products and services, and financial consumers should be confirmed to have received complete information in an appropriate way.

　　When explaining important contents and disclosing risks to financial consumers, financial institutions shall keep relevant materials in accordance with laws, regulations and regulatory provisions, and the retention time shall not be less than three years from the date of termination of business relations. Where laws and administrative regulations provide otherwise, such provisions shall prevail. The retained materials include but are not limited to: product or service agreement confirmed by financial consumers, and risk warning letter confirmed by financial consumers; Record audio and video recordings or system logs and other related data messages that explain important contents to financial consumers.

　　What can’t financial institutions do?

　　Shall not handle business on behalf of financial consumers without authorization.

　　The Implementation Measures require that financial institutions should assess the suitability of financial products and services to financial consumers according to their characteristics, reasonably classify the risk levels of financial products and services and the risk tolerance levels of financial consumers, and provide appropriate financial products and services to appropriate financial consumers.

　　Financial institutions shall ensure the property safety of financial consumers when purchasing and using financial products and services according to law, and shall not illegally misappropriate or occupy financial consumers’ funds and other financial assets.

　　At the same time, we should respect the real wishes of financial consumers to buy financial products or services, and we should not arbitrarily act as agents for financial consumers to handle business, modify financial consumers’ business instructions, or force tying other products or services.

　　There must be no format clause.

　　Unfair and unreasonable regulations for consumers

　　Many consumers usually sign the format clauses of financial institutions without reading them clearly. In order to prevent the infringement of consumers’ legitimate rights and interests, the Implementation Measures require that when financial institutions provide financial products or services to financial consumers, they should draw financial consumers’ attention to the contents of financial products or services that are of great interest to financial consumers, such as the quantity, interest rate, expenses, time limit and method of performance, precautions and risk warning, and explain them according to the requirements of financial consumers. If the standard terms are in electronic form, they should be identifiable and easy to obtain.

　　At the same time, financial institutions shall not make provisions with the following five contents in the form of standard clauses, notices, statements, notices, etc.: (1) Reducing or exempting financial institutions from the liability for compensation for financial consumers’ property losses; (2) stipulating that financial consumers shall bear liquidated damages or damages exceeding the statutory limit; (3) Exclude or restrict the right of financial consumers to inquire, delete or modify their financial information according to law; (4) excluding or restricting the right of financial consumers to choose financial products or services provided by other financial institutions; (5) Other unfair and unreasonable provisions for financial consumers.

　　The "Implementation Measures" require that financial institutions should promptly revise or clean up the format clauses and service agreement texts that infringe on the legitimate rights and interests of financial consumers.

　　Promoting non-guaranteed products should not mislead people into believing that profits are guaranteed.

　　The "Implementation Measures" require that financial institutions should be responsible for the authenticity of marketing propaganda content. The actual obligations of financial institutions shall not be lower than the standards promised to financial consumers in the form of advertisements, materials or explanations in marketing and publicity activities.

　　Financial institutions shall not engage in the following five acts when conducting marketing and publicity activities: (1) false, fraudulent, concealed or misleading propaganda; (2) Exaggerated propaganda on performance or product income; (3) misleading financial consumers into thinking that the financial management department has provided a guarantee for the financial product or service by using the procedures of auditing or filing the financial product or service by the financial management department; (4) The marketing propaganda contents of non-guaranteed investment financial products mislead financial consumers into believing that the principal can be guaranteed to be safe or profitable; (five) other acts in violation of laws, regulations and regulatory provisions related to the protection of the rights and interests of financial consumers.

　　Shall not be forced to collect consumer financial information in disguise.

　　The Implementation Measures has a special chapter to regulate the protection of consumers’ financial information, including consumers’ personal identity information, property information, account information, credit information, financial transaction information and other information related to the purchase and use of financial products or services by specific consumers.

　　According to the "Implementation Measures", financial institutions should follow the principles of legality, legitimacy and necessity in collecting and using consumer financial information, with the express consent of financial consumers. Financial institutions shall not collect consumer financial information unrelated to their business, nor shall they collect information in an improper way, nor shall they collect consumer financial information in a disguised form.

　　Financial institutions shall not take the consent of financial consumers to the use of financial information for external provision as a prerequisite for establishing business relations with financial consumers, unless the nature of the business relationship requires prior consent.

　　Where a financial institution obtains the consent of consumers for the collection and use of financial information through standard clauses, it shall specify the purpose, method, content and scope of use of the collection in the clauses, and remind financial consumers of the possible consequences of the consent in a conspicuous way as easily as possible.

　　At the same time, financial institutions shall use consumer financial information in accordance with the provisions of laws and regulations and the purposes agreed by both parties, and shall not use it beyond the scope.

　　Can’t "throw the pot" to the outsourcing service provider

　　The "Implementation Measures" stipulate that the obligation of financial institutions to protect consumers’ financial information security will not be transferred or reduced because of their cooperation with outsourcing service providers.

　　Financial institutions shall fully review and evaluate the ability of outsourcing service providers to protect consumers’ financial information, clarify the responsibilities and confidentiality obligations of outsourcing service providers to protect consumers’ financial information in relevant agreements, and take necessary measures to supervise outsourcing service providers to perform the above responsibilities and obligations. After the termination of the cooperative relationship, the financial institution shall supervise the outsourcing service provider to destroy the consumer financial information obtained from the financial institution in time.

　　Encourage financial institutions to transfer their financial information to other financial institutions designated by financial consumers on the premise of technical feasibility.

　　What if something goes wrong?

　　The "Implementation Measures" clarify that if there is a financial consumption dispute between financial consumers and financial institutions, they should first complain to the financial institutions. If a financial consumer does not accept the handling of complaints made by a financial institution, he may make a complaint through the branch of the People’s Bank of China where the financial institution has its domicile or where the business behavior takes place.

　　After receiving complaints from financial consumers, the branches of the People’s Bank of China can answer whether to accept them on the spot, and should answer them on the spot; If you can’t answer on the spot, you should make a decision on whether to accept it within 7 working days from the date of receiving the complaint; If the complainant needs to make corrections to the complaint application, he shall make a decision on whether to accept it within 7 working days from the date of completion of the correction. For complaints that are not accepted, the complainant shall be informed of the reasons for not accepting them. For the complaints received, the complaint shall be transferred to the complained financial institution for handling or to the financial consumer dispute mediation organization to provide mediation services within 5 working days from the date of receiving the decision.

　　The financial institution shall reply to the complainant within 15 working days from the date of receiving the complaint forwarded by the branch of the People’s Bank of China. If the situation is complicated, the handling period may be extended, and the complainant shall be informed of the reasons for the extension, but the longest handling period shall not exceed two months. (Reporter Cheng Wei)

　　High-tech Zone Park Mao

　　Zhengdong new area Haihui center

　　□ Planning and Coordination: An Wei Zhu Kun Executive: Dahebao Dahe Client Reporter Duan Weiduo Wen Wu Guoqiang Photography

　　[If you open the column]

　　Some people say that in the adult world, life is during the day and life is at night.

　　For example, in the watery night, it is easy to remove the disguise and fatigue, or have a drink with two or three friends, or take a walk with your wife and children, so that life can return to your true self. In this way, the night economy and night culture have survived forever and have been passed down to this day.

　　Recently, the Central Civilization Office issued a document. In order to cope with the impact of the epidemic, in this year’s national civilized city evaluation index, the occupation of roads, road markets and mobile vendors will not be listed as the evaluation contents of civilized cities, and the "stall economy" has triggered a hot discussion throughout the network; In the past few days, many places have issued policies to support the development of the night economy and the preservation of the fireworks at night.

　　What is the current situation of night economy development in various parts of Henan Province? What bottlenecks have you encountered in the development process? How to plan development in the future? Is the "stall economy" of the hot network a flash in the pan or can it really be standardized and developed into a new normal? From now on, Dahe Daily has launched a series of planning reports "Travel Notes at Night", which today presents a heavy nightlife visit in Zheng, Bian and Luo.

　　[Visiting the North City] While rolling around, the dog blows cool wind from Beilonghu.

　　Coordinates: Longhuli

　　"After a long time, I finally want to look up, and you will wait for me on the other side. You are still mine, mine and mine …"

　　On the evening of June 2nd, the last sunset glow in the sky glowed with yellow macaroon color, and the lights on Longhuli Commercial Street surrounded by Beilonghu and Dongfeng Canal were on. The young singer played the keyboard and sang Chen Li’s "Walking Horse".

　　With music as the boundary, there is a brightly lit open-air market to the north, and all kinds of colorful little things are placed in stalls of exquisite literature and art. Whether it is a traditional dough kneader or fairy wand in online celebrity, it is always more tempting in the night than in the daytime, and people can’t help but stop to read it. The high value and the price of civilians are easy for buy buy to buy if they are not careful.

　　Going south, there is a large open-air dining. After a busy day’s life, everyone gathered here from all directions, either because of friendship, or because of love, or even if it is still to maintain work, with a cool glass of beer, everyone unloaded the burden in the night. It’s a beautiful day to be able to slap a dog while stringing.

　　As the first commercial entity in Beilonghu area to enter the market and operate, Longhuli has set up a new way to open Zhengzhou nightlife to a certain extent.

　　"I don’t understand the darkness of night during the day! I heard that it is very good here, and I specially came to sit with my friends. " Mr. Zhao, a citizen, told Dahe Daily that the traditional open-air barbecue always seems to be associated with dirty mess, but Longhu not only retains the freedom and carefree of the traditional open-air barbecue, but also is relatively cleaner, which is very suitable for young people to get together. Surrounded by water system here, although you can’t see it, it seems that you can feel the cool wind blowing from the side of Beilong Lake when you sit down.

　　In addition to the relatively new overall planning, the department also arranged for a special person to clean up the garbage. A cleaning aunt told reporters that they should always keep the ground clean and tidy, and cleaning will not get off work until 1 am.

　　Liu Pengge, the chairman of Henan Longhuli Commercial Management Co., Ltd. said that Longhuli was opened to the outside world in units of stores, which was different from the collective opening of traditional businesses at a certain time. On December 8, 2018, Grain Rain Yun, Banqiu, TIMCHA, JHW and other stores opened one after another. Longhuli Commercial District covers an area of 46,000m2, and there are currently 28 shops in operation, including 5 investment brands and 23 self-operated brands.

　　[Visiting Dongcheng] Why do you walk at night? "I’m tired, I’m coming, I’m all right, I’m leaving."

　　Coordinates: Haihui Center

　　If Longhuli is an emerging petty bourgeoisie gathering place, then the Haihui Center, which opened in 2017, is relatively more mature in temperament. In addition to the traditional brand restaurants such as Haidilao and Starbucks, various distinctive light and luxurious bars may be the ultimate magic weapon to attract young people and gather people at night.

　　"I’m tired, I’m coming, I’m ready, I’m leaving", which is a slogan written on the wall in a bar in Haihui Center, which may explain why many people like to go out at night. Unlike traditional bars, which always sell wine by the dozen, and the price is quite high, these places focus on bar culture and catering characteristics, and the prices of various wines are very transparent. The special beers from France, Denmark, Germany, the United States, Britain and other places are placed in huge freezers, and consumers can choose by themselves. Together with two or three friends, they can taste beer from the three countries for less than 100 yuan.

　　The other one specializes in all kinds of craft beer. On the wall of the store or on the T-shirt of the waiter, their store advertised that "when the world panicked, only the fine wine was with me".

　　Beer can be Chinese and western, and it is a "perfect match" with spicy crayfish or steak.

　　"We are not drinking wine, but the night in Zhengzhou." A consumer said.

　　"Eating is not just eating, but a healing process." Another consumer said.

　　While the night was just right, three or five friends ate and chatted, and when they looked up, they saw a full moon in the sky. After eating and drinking enough, I left for a walk, only to find that a street singer was singing Jay Chou not far away, and I couldn’t help sitting on the steps for a while. At that moment, you might really feel how beautiful the night in Zhengzhou is.

　　[Visit Xicheng] Gaoxin Night Lane, the fashion version of the stall you want is coming!

　　Coordinates: Park Mau

　　As an old-fashioned night market in Zhengzhou, Jiankang Road Night Market has renewed its energy, and every night, it is full of fireworks. Recently, in order to respond to the call of Zhengzhou City to build a night economy and restore the market economy affected by the epidemic as soon as possible, the High-tech Zone Management Committee and Langyue Park Mao launched the activity of "Ximei High-tech High-tech Night Lane", which attracted many citizens.

　　The night market street is set in a square, where the main theme is trends, cultural creation and fashion. There are not many booths, but they are exquisite and very romantic after being decorated with lights.

　　In addition to the cultural and creative market, there are also many contents such as catering, street music, open-air movies and so on. Both adults and children can find their own fun.

　　In order to help merchants to resume business and economic recovery, the High-tech Zone Management Committee will also invest about 12.25 million yuan in fashion coupons and blessing bags to stimulate the night economic development of the High-tech Zone.

　　[Management] Enriching cultural activities at night is more active at night than during the day

　　Recently, the development of night economy has become a "hot word". From the national level to the Zhengzhou level, a series of policies have been issued to support the development of night economy. "Because of the epidemic, the catering industry has suffered an unprecedented severe test." Liu Pengge said, however, in an extraordinary period, there must be extraordinary efforts and attempts. For example, by increasing and optimizing the take-away service, forming a community to share food and joy, and providing safer and more secure delivery services, it has accumulated a reputation for the opening of the restaurant and the resumption of normal business. "For now, the activity in some business districts at night is higher than during the day. The domestic epidemic prevention and control situation is stable, and the arrival of summer has also enabled the activation of the night economy to have more positive climatic conditions and consumer psychology, and the passenger flow has obviously improved. "

　　[saying] to spread the economy, parity, fashion and characteristics can retain people better.

　　What is the current operation of the open-air market, also known as the "stall economy"?

　　During the reporter’s visit, I learned that many stall owners will give priority to small items that are cheap, fashionable, distinctive and valuable, such as headdresses, various cultural and creative products, mosquito repellent and umbrellas. In the process of shopping, people may "buy at will".

　　"Introducing cultural and creative brand businesses and promoting stall economy is one of the ways to build a landmark commercial night economy and cultivate a diversified new market for night consumption." Liu Pengge introduced that the summer night market will become the normal state of Longhuli block.

　　According to Huang Yongsheng, Commercial Manager of Gongyuan Mao, Gaoxin Night Lane has continuously attracted people from the Hi-tech Zone to experience food and participate in interaction since its opening. Only at the event site, the average daily passenger flow exceeded 20,000.