A Research On The Legal System Of Risk Control Of Electronic Money

With the development of computer network technology, electronic money is generated as a modern finance and network information technology combination product. In the form, it is a new type electronic payment tool based on the computer network developed. And in the inner essence, it is a specific derived currency based on the legal tender. In fact, electronic money has broken the restriction of spatio-temporal and reflected the value relations in the compute network period. It is a new type measure of value, medium of circulation and manner of payment.As a new type object, the law for electronic money trade and relevant activities in our country has not been consummate, and this may take risk to the society. For examples:the uncertain definition about the issuance and the inspection may induce the administration risk of the electronic money trade, the uncompleted law also may enlarge the technique risk of electronic money trade related to the compute network. In the socio-economic trading, profit is always proportional relation to risk, so moral risk often accompany with the electronic money trading under the temptation of high benefit. Market economy is a constitutionality economy, all the trading activities must be guided and ruled by law, so does the electronic money trade. Confront those risks, no matter the form ruled by law or the inner constrained by moral, the affirmation of those methods by law is needed.There are no relevant laws established for electronic money independently in all the countries in the world so far. The two legal systems of American and Continental legislate it in the electronic commerce laws. This legislative pattern can avoid leading jurisprudence numerous and complicated, and obviate the conflict among the laws. Therefore, it can be mirrored by us. In the specification of electronic money trading and relative activities, those processes can be taken for different risks:firstly, building and completing the legal system of electronic money to create a good legal development environment for electronic money trade and relative activities. Secondly, identifying the legal systems of electronic money issuance and inspection to avoid the confusion of administration of electronic money trade and relative activities. Thirdly, reinforcing the security technology legal system of electronic money, and hence making the electronic trade safer in the computer network age. And lastly, standardizing and completing the credit legal system related to the electronic trade agent to create an honest and trustworthy environment for the electronic money trade, and guide it develop healthily. Certainly, it is a long and arduous responsibility for standardizing the electronic money trade, we should continuous grope to improve and develop it.