Study On The Legal Problem Of The Electronic Payment Of Internet Banking

The electronic payment of internet banking is the hot problem that the field pay close attention to by law circles and commercial affair in recent years. Scholars at home have affirmed, the electronic payment produce the enormous impact to the traditional law theory. Really, electronization, digitized era is already come, electronic fund transfer becoming generally used the way in fund payment and balance day by day in our daily life, therefore how to use the law to solve the contradiction and dispute produced in the electronic payment, especially how to confirm that which kind of legal liability problem to the bank and customer should bear, these seem very urgent and reality. At present, rules which the internet banking of our country adopt are mostly an agreement, but there are no special laws and regulations, so solve the problem through arbitrating when emergence issue, it is still deficient clear legal provisions to adjust. To this phenomenon, I will discuss the legal problem in the electronic payment of internet banking in this thesis, describe basic problems, such as definition, characteristic, way, and challenge, legal risk, legal principle of the electronic payment of internet banking, etc., emphasis research each side legal relation of party, responsibility principle, indirect compensation for damage question and legal liability. Propose that use development experience and laws and regulations of foreign internet banking to lead of our country internet banking development, and the thinking of proposing establishing and improve the electronic payment system of internet banking, and the concrete measure that internet banking services should be taken in practice. Aim at developing the internet banking services of our country, establish in an unassailable position in the competition of the foreign internet banking after joining WTO.