The Confidentiality Obligation Of Bank

As to the banking legislation theory and practice, developed countries are evolving a series of mature system. With the trend of world economy globalization, developed countries'banking business will impose an ever larger influence on other countries. Currently, the banking business in our country has made comparatively large progress, and will face new challenges in the future. Accordingly, our country should take for reference the useful experience of foreign countries and establish our country's own banking law system. This article aims to comprehensively investigate the legislation and theory of the confidentiality obligation of foreign banks, from international perspective, and clarify ties practical significance to our country, closely associated with our national reality. The article is divided into five chapters, roughly as follows:Chapter 1 is the Introduction, which mainly accounts the reason why the author chooses the topic of the article, the domain of the article and the research methods. Concerning the scope of the study, the article advocates the implementation of separation of the banking system from other financial businesses, and that banks and financial institutions have different rights and obligations; however, in the implementation of the universal banking system, the differences between banks and financial institutions are not so noticeable. China performs a strict rule of separation of the banking system. The banks in China refer to commercial banks, and the legal relationship between banks and their customers comes into being when a person becomes a bank'customer.In Chapter 2, the article expatiates on the theoretical basis of the obligation of bank confidentiality, the article brings forward that the basis of the confidentiality obligation lies in right to privacy of the bank theory, the theory of implied terms and the attached obligations theory. Adopting the traditional civil law theory and the case study approach in Anglo-American Legal Family, the article discusses the problem above to explore more of the legal foundation.In Chapter 3, from the perspective of"ontology", this article gives full exposition to the problem on system of the obligation of the bank confidentiality, including obligees, domain, exceptions ,time, modes of performance and legal responsibility.In chapter 4, as to the conflict between bank's confidentiality obligations and the disclosure obligations, the article discusses the basic theory of the conflict of obligations, then put forward solutions to the conflict.In Chapter 5, from the legislation point of via, the article comments on China's banking confidentiality obligations and relevant legislations. Meanwhile, it points out the inadequate legislation on China's banking confidentiality obligations, the guiding principles for legislation on credit, and dynamic developments of legislation on anti-money-laundering.