The Civil Liability Of Internet Bank For Electronic Payment

Electronic payment is a hot problem that law circles and business industries have been paying close attention to in recent years. There are scholars in domestic having once affirmed it to have an enormous impact on the traditional law theory. Really, in this day and age when a digitized era has already coming, electronic payment is increasingly becoming a way of payment and balance used generally in our daily life, therefore, how to use law to solve contradictions or disputes in this payment, especially, how to decide which kind of legal liability that banks and their customers in the payment should undertake, seems very urgent and Realistic.In order to rule activities of electronic payment, lower the risk of electronic fund transfer, and confirm the liability of parties in electronic payment, many countries have already started the research of this aspect. For example, both Electronic Fund Transfer Act and Uniform Commercial Code Article 4A of the United States have become the most important laws that rule electronic fund transfer in America. Chinese government attaches great importance to the legislation of E-commerce. However, in addition to Management Measure of Bank Card Business that comes into force in March 1, 1999, there has no the legislation concerning the electronic payment of internet bank at present. Therefore, it not only has an important theoretical value, but also a profound and realistic meaning to make a comprehensive and profound study on the civil liability of internet bank for electronic payment through a logical and comparative approach.The thesis consists of six chapters. Chapter 1 is the introduction that mainly probes into the position and function of the electronic payment and internet bank in electronic commerce and the important theoretical and practice significance of studying this question. Chapter 2 is to interpret the civil liability of internet bank for electronic payment. It theoretically expounds the concept and feature of this civil liability. Chapter 3 is the foundation of the civil liability of internet bank for electronic payment. It not only discusses the implication, main parties, and four essential elements of electronic payment, but also analyzes and studies in detail the legal relations of parties of electronic payment involving banks and their customers, banks and banks, banks and center of exchanging information, banks and data correspond network system, customers and customers. Chapter 4 makes a systematic and detailed discussion about the imputation of the civil liability of internet bank for electronic payment from theoretical and practically angle, on the basis of analyzing the subjects and principles ofimputation of the civil liability and its major components. Chapter 5 is the undertaking of the civil liability of internet bank for electronic payment. It primarily analyzes and studies the methods and limit of undertaking liability and the grounds of exception of the civil liability of internet bank for electronic payment. Chapter 6 is the most important part of the thesis. It specifically analyzes and discusses the civil liability of internet bank for electronic payment form these three aspects of the civil liability of internet bank for the payment damages resulted by internet bank, the wrong payment orders issued by bank's consumers, and the payment damages resulted by the others. The whole article studies the civil liability of internet bank for electronic payment in order to put forward the author's preliminary proposals for establishing and perfecting the law system of electronic payment of internet bank in our country.