Study On Some Legal Issues Of Electronic Banking

As a major part of the financial industry, banking industry has been showing its great influence on the healthy development of the national economy. Since its emergency in the 13th century, banking industry has undergone continuous expansion in its business scope and the social function of banking has deepen a lot. While scientific technology as the first productive force, is promoting further revolution in the fields of financial and banking industry. The birth and rapid development of the computer technology has become the most lasting and innovative momentum to the historical revolution of the financial industry, including the banking industry. By taking advantage of the endless technology innovation, banking industry is endeavoring to achieve successive financial innovation, and great changes has also taken place in the operating strategies of banks. In light of this, we may say that the realization of financial innovation by way of using computer and communication technology is the fundamental cause of the success of banking industry as well as banks. Hence, electronic banking (e-banking) comes into birth. With the development of electronic commerce (e-commerce) e-banking is; playing an important role in the flowing of capital. Whether or not e-banking is successful does not just have impact on banking industry itself, but steadily spread to almost every aspect of the social and economical lives of the people. To conduct a systematic, deep research into the legal problems rising from e-banking is helpful to master the rules of development to resolve the relevant problems, and to create a favorable legsil environment for the development of e-banking and e-commerce.The dissertation can be divided into five parts: introduction, security of banking and legal safeguard measures, electronic money (e-money) and relevant legal problems, Internet banking and relevant legal problems, and the development of e-banking in China and its legal research. The first four parts are general studies on the .legal problems of e-banking and are dedicated to make a comprehensive, comparative analysis and study the definition of e-banking, security of e-banking and legal .safeguard measures, legal status of e-money, the issuer, the character of stored-value, use of the received funds, market access of Internet banking, legal issues in Internet banking transaction, risk management, etc. On the basis of the analysis above, a further specific analysis is made on those legal issues which should be settled in the development ofe-banking in China and some proposals are put forward accordingly in the forth part of this dissertation.The introduction mainly centers on the background of the emergency of e-banking, development and current situation of e-banking, and the definition and character of e-banking. After a comparative analysis on various definition of e-banking, this dissertation defines "e-banking" as an overall name of general scope resulting from all the financial innovative activities by traditional banks on the basis of computer technology and modern communication technology; in order to accept the fierce challenge of modern competition and to meet various requirements of the customers, including both the improvement on the traditional business and innovations of" the traditional products such as e-money. E-banking includes hot only the electronic business of traditional banks, but also a bulk of brand-new business, the typical of which is Internet Banking. Furthermore, this dissertation summarizes the basic characters of e-banking: the fundamental cause of its emergency is the financial innovation by traditional banks, to break the limitation of Itself to be more competitive and to gain more profits; on the basis of rapid development of modern scientific technology; with an unprecedently revolutionary character.Then, the dissertation elaborates the security problem of the e-banking, security is crucial to the public's acceptance of e-banking and whether or not the banks can get the expected profits. This part...