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On Laws And Regulations Of Evading Risks Of Online Bank

Posted on:2008-02-03Degree:MasterType:Thesis
Country:ChinaCandidate:Y DengFull Text:PDF
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1990s Internet technique's application in banking, helped realize the birth of the on-line bank.Since 1995"safety first network bank" in the United States was born, the online bank not only acquires a booming development in the developed countries, and expand to newly arisen market economy nation and developing countries quickly .The online bank has become an important means of financing institution to open widely service realm and fight for the business growth.In our country h since 1997 the China merchants bank, Bank of China, China constucts bank, Chinese industry and business bank's etc. release online bank continuously, our country the first step carried out an online finance service.The on-line bank is the perfect outcome that banking and modern and high-tech outcome combine together, it not only has the proper characteristic of traditional banking, but also has the new characteristics of the virtulization, flexibility, instaneity...etc..These characteristicses of online bank come to a decision it to face more larger system risk, business risks, technique risk and law risk, these risks of online bank will not only bring great losing for customers and banks, but also obstruct the further development of the whole online banking. Controlling and evading the risk of online bank need not only technique means but also law means.The basic attribute of online bank and the new risk characteristics had put forward a challenge to the traditional legal system and the principle, but these law challenges mainly include tow aspects :The one aspect is the microcosmic aspect of laws and regulations of online bank , namely legal system about trade of online bank;The other aspect is macroscopic aspect, namely risks supervision aspect.The microcosmic aspect of laws and regulations of the online bank is that legal system of electronic trade,which mainly includes laws and regulations about data messages during electronic trade and risks of pay balance of accounts system, application of laws and jurisdiction caused by electronic trade, legal defence of risks of lending money through the net ,and legal protection of the customers'rights and interests during electronic trade.Our laws should affirm clearly the legal value of data message, respect the free option of the party concerned and follow the principle of most closely contact ground, solve the conflict caused by application of law and jurisdiction by native laws and international coordination ,strengthen legal defence of risks of credit card payment and lending money through the net;and protect and respect customers'rights and interests, especially right to privacy,right to kown what happened,right to option and right to acquire indemnification.The macroscopic aspect of laws and regulations of the online bank is that legal system about online bank supervision, which mainly includes:the legal system of online bank be alownde to enter the market ,the legal system of continued and circumspect supervision and the legal system of withdrawing from the market.Generally speaking, the development of online bank faces rigorous law environment in the our country, lacking a valid law frame, lacking systemic legal system about online bank supervision.Every aspects of the legal system of business supervision of online bank is worth learning to our country in US,EU,Hongkong and the other developed countries and areas,for example,guiding ideology of lawmaking, methods of supervision, supervision institution and legal form etc..
Keywords/Search Tags:Online bank, Safety of transaction, Customer's rights and interests, Risk supervision
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