金融消费领域公益诉讼制度的路径构建

Path Construction of Public Welfare Litigation System in the Field of Financial Consumption

摘要: 伴随着我国经济的发展和繁荣，特别是移动支付方式在我国普及以后，越来越多的线上金融产品层出不穷，给广大消费者带来便利的同时，也带来了例如P2P行业爆雷、村镇银行危机等等问题，对金融公共利益造成了不小的影响。因此针对金融领域能否适用公益诉讼的问题就显得尤为重要。本文将从我国公益诉讼制度现有法律规定的基础上，对建立金融消费者领域公益诉讼进行可行性探究，并提出监管机构与检察机关实现信息互通、设定诉讼前置程序、调整金融公益诉讼适格原告的具体构建路径，以实现对金融消费者的保护。

Abstract: With the development and prosperity of China’s economy, especially after the popularization of mobile payment methods in China, more and more online financial products have emerged one after another, which has brought convenience to the majority of consumers, and also brought problems such as the P2P industry explosion, village bank crisis, etc., which has a significant impact on financial public interests. Therefore, it is particularly important to address the question of whether public welfare litigation can be applied in the financial field. This article will explore the feasibility of establishing public welfare litigation in the field of financial consumers on the basis of the existing legal provisions of China’s public welfare litigation system, and put forward the specific construction path of regulatory agencies and procuratorial organs to realize information exchange, set up litigation pre-litigation procedures, and adjust the plaintiffs who are qualified for financial public welfare litigation, so as to realize financial consumption the protection of the fee.