| As an old Chinese saying goes, "If one intends to do something well, he must be appropriately equipped first."As the term of "e-banking" gradually gains popularity,the voices for the constitution of laws and regulations on e-banking are continuously on the rise. My dissertation is only an attempt to make a brief analysis on the related legal questions in e-banking. I have based my dissertation upon collecting, observing, analyzing and studying relative e-banking laws and regulations in my spare time and also used some Chinese and foreign specialists and scholars' reflections and viewpoints for reference.The major research methods adopted in this dissertation are comparative analysis and social surveys.On account of e-banking's technological distinction,chapter one is about "E-banking business and legal regulations". I commenced with the definitions of a group of nomenclatures. I not only define nomenclatures such as e-business, EDI, electronic capital transfer, e-banking and electronic currency but try to explain the relationship and differences among them as well. Then I elaborates legal regulations in e-banking business operation including the necessity of legal norm, content system and the principles of legal regulations.Chapter two is about "Some legal questions in e-banking business operation". I introduce electronic currency, electronic proof, electronic signature, electronic attestation, electronic contract, false impersonation and judicature of business disputes in e-banking.Chapter three is about "Comparison of legal regulations in e-banking operation in some foreign countries". I introduce the legislature preparation in some foreign countries and organizations where e-bank business has rapidly developed and their relative written laws and regulations. I focus my attention on the discussion about related legislature of electronic capital transfer, for instance, "50 dollars rules", the concept of consumer protection, the principle of information disclosure, compensation of loss or damage and liability commitment.On the basis of previous analyses I attempt to give some suggestions on the legislature of e-banking's laws in our country in chapter four. My suggestions are mainly concerned with e-banking's qualification of main body, issuance of electronic currency, unification of electronic attesting institutions, management of confidential buttons, submission of electronic proof and the standards in e-banking operation. The problem of net's safety, popularity and convenience is a bottleneck in the development of financial services. However, it is not a problem that can be resolved by the bank, which is solely an industry in the society. The net has developed rapidly due to technological development. Therefore the problems on the net should firstly be resolved in the means of technology and then in the way of judicial guarantee. In the mean time, net laws have an obvious technological distinction because net laws are vulnerable to adjustment with the development of technology. For this reason, when net laws are made, much space should be left for technology and a neutral attitude towards technology should be remained. The enactment of E-business Laws in the United States is a good explanation in this aspect. Laws and Regulations on Electronic Attesting Institutions in the United States obviously keep an impartial attitude towardsprofessional technology. It is beneficial for us to use other countries' experiences for reference when we are making our own laws. Just before this dissertation was finished, in front page of Jiefang Daily dated March 14, 2001 there was an interview between the reporter and Minister Shi Guangsheng of Foreign Economy and Trade Ministry. At the end of Minister's reply to the reporter there was a paragraph about e-business. His main idea is that Chinese government will make great efforts for e-business development and the integrity of related laws and regulations. If my dissertation can give some enlightenment to those predecessors, specialists, fellow w...
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