Research On The Protection Of Customers' Rights In The Internet Banking

The rapid development of internet banking brings people great convenience, but it also makes people face unprecedented risks. Frequent events on the internet banking customers'right damaged gradually lower public confidence to internet banking. However, public confidence to banking, especially newly developed internet banking in China, has a crucial impact. So this thesis studied the problem on internet banking customers'rights protection, analysed the reason why the internet banking customers' rights are infringed, learned mature experience in legislation and practice experience from other countries. Then, according to the actual conditions of our country, it put forward some basic measures to perfect internet banking customers'rights protection system in China. Finally expect to restore and enhance customers'confidence in internet banking and promote the healthy development of internet banking. All of these will have important theoretical and social reality significance. Therefore, I used different methods such as empirical research, comparative analysis and norm analysis in the thesis to have a deep research into legal problems on the protection of internet banking customers' rights.The thesis includes four parts besides the introduction and the epilogue.The first part. Define internet banking and internet banking customers, and explain the internet banking customers'legal status and basic rights. A internet banking is a system connected with the Internet through computers, network television, mobile phones and other digital devices, which can provide customers with a variety of banking services. Internet banking customers are users who accept the internet banking services. The legal status of internet banking customers are embodied in the legal relation where internet banking customers are not equal to internet bankings. Internet banking customers have the basic rights as follow:right to fair deals, right to information, right to security, right ro shared risk and so on.The second part. Describe the presentations about the right of internet banking customers infringed and analyze the reason for them. The reasons are as follow:First, Customers'financial privacy has been violated.Second, customers'right to information is ignored. Third, customers take too much risk of the transaction. Fourth, Networking identification for ID card, which is the most important protection to customers'right to security. Finally, Customers'right to immunity has also been infringed after people report the loss of ID card.That internet banking customers' rights are infringed has various reasons, which include legislation,supervision and customers. The reasons about legislation are as lollow: First, legislation is not systemic; Second, there still exists some windages in legislation value; Third, the relevant legal provisions are too vague. As to supervision, regulators didn't have had effective supervision to behaviors about damaging the rights of the customers, which is the main reason why customers'rights are damaged. About customers themselves, lack of financial knowledge, low awareness of risk prevention and poor consciousness of right protection all increase the possibility of infringement of their rights.The third part. Research the system of internet banking customers'right protection in the U.S. and Europe and explore the useful experience for our reference. Internet banking first developed in the U.S. and Europe and the system of internet banking customers right protection in these countries is comparatively perfect. The experiences which we can learn from U.S. and Europe are as follow:We will take internet banking customers'right protection as the most important regulatory goals; customers only assume limited legal responsibility; we should protect customers'financial privacy; Internet bank customers have sufficent right to know.The forth part. Dissertate the measures of how to pefect the system of internet banking customers rights protection system in our country. First of all, we should improve legislation on protecting internet bank customers'right:re-determine the value of legislation, especially we need perfect privacy protection legislation, improve the allocation of the burden of legislation; and perfect risk-sharing legislation. Secondly, we should strengthen the legal supervision to internet bankings, and regard the customers right protection as an important regulatory target. Meanwhile, try to establish customers' complaint mechanism in the institutions of supervision. Finally, we should focus on the education to customers, including education of customers'risk prevention awareness and rights protection ability. By taking these measures, we expect to establish an all-round, multi-level internet banking customers'rights protection system in order to protect internet banking customers'rights and increase customers'confidence to internet banking, finally promote internet banking healthy development...