China's top court has underscored the role of financial tools in promoting technological innovation, pledging to strengthen legal oversight to prevent harm to consumers and foster a sound business environment governed by the rule of law.
中国最高人民法院强调金融工具在推动科技创新方面的作用,承诺强化法律监管,防范消费者权益受损,营造法治化的良好营商环境。
The Supreme People's Court, together with the People's Bank of China, the National Financial Regulatory Administration and the China Securities Regulatory Commission, released details of six typical cases recently involving the protection of the lawful rights and interests of financial consumers and investors.
最高人民法院联合中国人民银行、国家金融监督管理总局、中国证券监督管理委员会,近期发布六起金融消费者和投资者合法权益保护典型案例详情。
One case involved a fund company that used its technological advantage to unilaterally change the dispute resolution method through its mobile app after investors had already subscribed to its products. The court ruled that the change was legally ineffective.
其中一起案例涉及一家基金公司,该公司在投资者购买产品后,利用技术优势通过手机 App 单方变更争议解决方式。法院认定该变更不具备法律效力。
In December 2015, an investor surnamed Fang invested 1 million yuan ($149,650) in a fund product offered by the company. The investment suffered losses, and by the time Fang redeemed the product through the company's app in December 2024, the cumulative loss had reached about 380,000 yuan.
2015 年 12 月,方姓投资者向该公司一款基金产品投资 100 万元(约合 149650 美元)。这笔投资发生亏损,2024 年 12 月方先生通过该公司 App 赎回产品时,累计亏损约 38 万元。
Fang alleged that the company had misled investors with false promises of "low risk and high returns" and should therefore bear liability for the losses. In September 2025, Fang filed a lawsuit against the company in a Shanghai court.
方先生主张,该公司以 “低风险、高收益” 的虚假承诺误导投资者,应当对损失承担责任。2025 年 9 月,方先生向上海法院起诉该基金公司。
Before the first hearing, the company argued that the dispute should be settled through arbitration rather than litigation. It subsequently upgraded its app and revised the dispute resolution clause.
首次开庭前,该公司主张本案争议应当通过仲裁而非诉讼解决。之后该公司升级 App,并修改了争议解决条款。
In October 2025, Fang found that accepting the arbitration service agreement online had become a prerequisite for logging into the upgraded app, effectively requiring the dispute to be referred to an arbitration commission.
2025 年 10 月,方先生发现,登录升级后的 App 必须在线同意仲裁服务协议,等于强制要求该纠纷提交仲裁委员会处理。
"I didn't agree to any dispute resolution method when I purchased the fund product, and the company closed its offline offices around 2018. As a result, the app became my primary way to check product information and handle subscriptions and redemptions," said Fang, 74. "I logged into the app to prepare for the trial by checking my losses, but by then it had been upgraded, and I was forced to accept the service agreement."
74 岁的方先生表示:“我购买基金产品时没有同意任何争议解决方式,这家公司大约在 2018 年关停线下网点,App 就成了我查询产品信息、办理申购赎回的主要渠道。我登录 App 查看亏损情况、准备应诉,可 App 已经完成升级,我被迫同意这份服务协议。”
After examining the case, the Hongkou District People's Court ruled that arbitration must be based on a valid agreement between the parties. In this case, the fund company presented the service agreement through its app, but users could not continue using the app without accepting its terms.
上海市虹口区人民法院审理后认为,仲裁必须建立在当事人之间存在有效仲裁协议的基础上。本案中,基金公司通过 App 展示服务协议,用户不同意条款就无法继续使用 App。
"This conduct violates the principle of voluntariness in arbitration. Therefore, the arbitration agreement was not binding on the other party, and the case should be resolved through litigation," the court said.
法院表示:“该行为违背仲裁自愿原则,这份仲裁协议对另一方当事人不产生约束力,本案应当通过诉讼方式审理。”
The SPC highlighted the case's significance in curbing financial institutions' use of technological advantages to unilaterally alter dispute resolution methods. The ruling also safeguards financial consumers' and investors' right to choose how their disputes are resolved, the court said.
最高法指出,该案对于遏制金融机构利用技术优势单方变更争议解决方式具有典型意义,该判决保障了金融消费者、投资者选择纠纷解决途径的权利。
The case underscores the need to protect fairness and the lawful rights and interests of financial consumers in the era of digital finance, the SPC added.
最高法补充称,该案凸显在数字金融时代,必须维护公平原则、保护金融消费者合法权益。
The other cases released on Monday cover areas including financial lending, life insurance and securities investment.
同日发布的其余典型案例涉及金融借贷、人身保险、证券投资等领域。
The SPC called on courts nationwide to work with financial regulators to resolve disputes through a range of approaches. It also urged efforts to streamline rights protection procedures, shorten case-handling times and reduce the costs of seeking remedies, providing financial consumers and small and medium-sized investors with more convenient, efficient and affordable dispute resolution options.
最高人民法院要求全国法院协同金融监管部门,运用多元方式化解纠纷,推动简化维权流程、压缩办案周期、降低维权成本,为金融消费者和中小投资者提供更加便捷、高效、低成本的纠纷解决渠道。
underscore /ˌʌndəˈskɔː(r)/v. 强调;凸显
arbitration /ˌɑːbɪˈtreɪʃn/n. 仲裁
voluntariness /ˈvɒləntərinəs/n. 自愿性
streamline /ˈstriːmlaɪn/v. 简化;精简