Risk Allocation For Online Banking In View Of Law And Economics

In recent years, the online banking was developing quickly, this kind of bank service based on a computer network technology, have some good characteristics as convenient, inexpensive. So it has been widely recognized as the world's banking sector in the future. However,because online banking is still a new product came from the technology and service innovations,there are a lot of risk accompanied by its rapid development, these risks not only influenced the further development of online banking,but also affects on the operation of the banking sector. But at present, the relevant legal system has not be established in our country yet, some legal problems need to be solved. Therefore, we must investigate the online banking risks, establishing and improving Internet banking risk prevention and sharing system, to promote the online banking develop quickly and healthy.Under the background,this article draws on lots of mature and perfect experiences in other nations and regions, analyse how to establish an online banking risks legal system. This article use the views and paradigm of civil law and law and economics, make a standard analysis about online banking risks'causes, characteristics, the way to control and so on.This article according to the law and Economics in basic assumptions and cost effectiveness of theory, market theory, supply and demand theory, legal equilibrium theory, try to use Kildor-Hick's theorem, game theory and other methods, want to find and identify risks, and timely preventive and allocation, dissolve the risks. At last, this article give a analysis and discussion about Chinese online banking business risk-sharing legal system for and on this basis put some forward legislative proposals.