A Study On The Legal Problems Of Commercial Electronic Funds Transfer

The birth of computer brings the huge changes to modern society. With the development of computer technology, people widely apply it to the fields such as trade, investment, finance and so on. The trend of processing all kinds of electronic commerce through Internet is in the ascendant.Communication innovation caused by computer technology brings important transform in payment and balance, banks of countries carry out electronic finance in order to reduce the cost and raise the efficiency. So commercial electronic funds transfer, the new payment method, emerges as times require.The appearance of commercial electronic funds transfer has challenged the traditional law. Traditional law has the ability not equal to its ambition when it regulates the new payment. So it causes a series of problems on legal problems in this field. As a result, international society and the countries of relatively developed in commercial electronic funds transfer such as America, EC and so on, all devote themselves to establishing legal system, which bring the birth of some correlative regulations such as 《Uniform Commercial Code Article》, 《UNCITRAL Model Law on International Credit Transfers》 and 《EU director》.It isn' t exaggerated to consider these regulations as the landmark of commercial electronic funds transfer, although some problems such as the balance of the benefits between bank and user, which requires that we should go on carrying out deeper researches based on the traditional law theory, are still existing.These years, our country has rapidly speeded the course of electronic finance. So commercial electronic funds transfer is applied to more and more fields. But our correlative legal system is still blank. The situation of law seriously lagged hasn' t greatly met the need of rapidly speedingcommercial electronic funds transfer and has blocked the development of economics.Facing this situation, the paper has carefully explored a few systems of statute law, analyzed the parties of commercial electronic funds transfer and the legal relationship between them, the legal problems caused by commercial electronic funds transfer, put forward a proposal on legislation thereof combined with the existing situation and specific circumstances in China for the purpose of benefiting the related legislation of our country.