The Legal Supervision Of Network Bank In China

With the development of Internet technology, the internet banking rose in the world in the 1990s.The internet banks all over the world have been emerging in 1995 after the establishing of Security First Internet Bank (SFNB), which is the first internet bank of U.S.A.This study takes the theory of finance innovation and supervision as the foundation , and has done preliminary research on how to structure the supervisory system of internet banking in China based on reality of internet banking supervision in China and successful experience in western countries.The study is divided into three parts: the introduction, body and conclusion.Part One: Introduction.This part focuses on purpose and meaning of the study, and introduces main points and research approaches mainly used in the research. One section of document survey has specially been added in the introduction through studying, combing and evaluating and analyzing. The last section of the introduction defines the relevant basic conception that should be known.The first chapter of body is the theoretical foundation of the study. Section one of this part mainly discusses the theoretical foundation and the relationship between banking innovation and supervision. The second section examines the relationship between traditional banking and internet banking. The third section focuses on the challenge of aims, system and contents of supervision to internet banking brought by traditional banking. The fourth section is a brief conclusion of the previous sections of this part.Chapter two of body is about the evaluation and analysis of the current situation of legal system for internet bank supervision in China. The first section of this part summarizes the current legislation situation of internet banking supervision and points out that the legal system about internet bank in China has already set up tentatively. The second section thoroughly analyzes the relevant concrete legal systems in China and points out the deficiency that the existing system exists and problems that should need to be improved. The third section is a brief summary to this part.Chapter three of body discusses the comparison and evaluation of legal supervision system of internet banking home and abroad. Firstly, this chapter divides the mode of internet banking supervision into U.S.A.'s mode and European Union's mode, and discusses the mode from three respects of regulatory system, supervision goal, supervision content in detail separately. Secondly, it compares two kinds of modes and evaluates and analyzes on this basis. This chapter aims at discussing similarities and differences between the two modes, analyzing their producing reason, and offering relevant bases for views that the next chapters put forward.Chapter four of body is a summary of the study. Suggestions of the legal system are put forward to structure and perfect the internet banking in China: defining the regulatory system of internet banking; adjusting the supervision goals of internet banking; setting up the flexible and normal legal system of market access of internet banking; perfecting the legal system of the market operation of internet bank; and structuring the prudent withdraw mechanism of internet banking.Innovation of the study: The supervision system of internet baking is an important topic in the study of legal system of banking and has attracted quite noticing. The articles involving internet banking supervision system at present is comparatively loosen and systematical. In addition, the comparison of respects of such differences as domestic environment, legal tradition between China and the other counties is not enough. This study attempts to focuses on the internet bank supervision system systematically, and take emphasis on the analysis on current situation of China. Meanwhile, on choosing mode of supervision system in China, this study tries to put forward the standards which should adhere to in mode selection, and has put forward the author's points clearly.Deficiency of this study: This study puts forward the direction of the reform of the internet bank supervision in China on the basis of analyzing U.S.A.'s mode and European Union's mode and concrete measures that can be taken. However, the feasibility analysis of relevant legal system needs to be discussed further.