| Online—bank is the newest service way in eletronic business area .The development of technology and communication impel the production of Online-bank. Online—bank is one kind of results of finance revolution by electronics technology, and the revolution broke through the limit of time, area, and national boundaries. The characteristics of Online—bank, such as fictitious organization,"AAA" service and so on, make the new type bank have the advantages that traditional bank wouldn't have.The development characters and convenience of Online—bank make it be the tendency of bank. Online-bank gives people a lot of convenience, however, it leads to great risk, and raises challenge to law which is on the basis of national boundariesand paper contract.As a new model of bank management, the online-bank is at the beginning and on the initial stage in China. Meanwhile, such topic has been little touched and thereis no in-depth and systemic discussion about it. In fact, there are no enoughcorresponding regulations of the online-bank and consequently a lot of legal problems have been aroused. The most urgent problem is how to regulate the risk of the online-bank. Following the rapid development of the online-bank, the legal regulations of its risk cannot deal with a lot of new problems.Just with the considerations mentioned, the thesis focuses on the risk and the legal regulation of such risk in the online-bank activities , analyzes the defect of the legal system from an angle of risk and tries to modify the extant legal regulations.This thesis studies the basic legal theory of the online-bank, discusses the characters of it and analyses its unique legal relationships. Then the risk of the online-bank is demonstrated and the causes of such risk are discussed. Afrer that, the writer makes research on the legal system of the regulation about the risk of the online-bank in China, combining the advanced experience of other countries or regions, and the present situation of the legislation in our country. Finally, makes research on the way to constitute the legal regulation system of Online—bank risks in China.The thesis consists of five parts:The first part is to analyze the legal characters of the online-bank. Firstly, the part studies the three styles of the online-bank, indicates its scope of business, and points out its legal nature, establishing the basis of the next discussion about the risk. Then the writer deliberates the essential features of the online-bank,discussing the characteristics of technology and principle. Afrer that the part points out the unique legal relationships of the online-bank, analyzing the influence of peculiarity on the risk and the legal regulation., make detailed research on the risk of the online-bank.The second part is to analyze the present situation of the legislation in our country about online-bank and point out the lacks of legal rugulation of our present online-bank.The third part is to study advanced experience of other countries and areas about legal rugulation of risks about online-bank.Then find out the good ideas for our legal regulation of online-bank risks.The forth part is to constitute the legal regulation system of the risk which exists in the online-bank in China. The part emphasizes the principle of combination of the control and guidance. The author analyzes the basic principles firstly. Finally, the author tries to constitute and perfect the legal regulation system in connection with the unique risk of the online-bank, including technical ,operate , credit risks system of the legal regulation.The fivth part is the end of the thesis. |
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