Study On The Electronic Banking Law System

The rise and development of electronic banking makes the whole world trade and financial services more convenient and efficient. Under the background of relatively weaker traditional banking business, the development of electronic banking business needs more motivation of legal regulation and external promotion factors. According to the research of the Chinese current electronic banking laws and regulations, the author analyzed the deficiency of the electronic banking laws and regulations, and provided suggestions how to improve and perfect the native electronic banking law system.This text consists of three parts:First part: The author analyzed the current situation of the nation electronic banking law system. From the background to construction, the author elaborated the current situation of native electronic banking law system. Firstly, the author briefly introduced the background and tendency of the electronic banking business, compared the difference between the electronic banking business with the traditional banking business, and described the special risks that the difference brings up. The author also analyzed the inevitability of developing electronic banking business and necessity of establishing the electronic banking law system quoted by other countries from the worldwide angle in the time when worldwide financial competition towards to the electronic business industry. And then, the author analyzed and summarized the construction of the native electronic banking law system in accordance with the effectiveness level of native laws and regulations.Second part: The author dialectically analyzed the native current electronic banking law system. Except confirming the positive promoting factors which the native current electronic law system makes to the development of electronic banking business, the author also analyzed the problem of the current electronic banking law system, which mainly showed in the following factors: Lacking of the protection of consumers' rights and interests; Low legislative levels; laggard supervision modes; Incompletion of electronic banking supervision; Incompletion of business operation laws and regulations; Lacking of the civil dispute resolution of electronic transactions; And lacking of international cooperation in legal system, etc.Third part: The author gave some suggestions about how to complete and perfect the native current electronic banking law system on the research of what the law system should be and must be. Corresponding to the second part of analyzing of defect of the current electronic banking law system, this part focus on pointing out suggestions to improvement of it, including of: Strengthening protection of consumer rights and interests; Improving legislations levels; Improving the laws and regulations of electronic banking supervision; Supplement of electronic banking supervision and operation business norms; Increasing the content of civil dispute resolution; Enhancing the international cooperation and exchange, etc.