The Basic Legal Problems Of Internet Banking

This thesis has completely discussed, based on the theories of economics and law, the representative law problems in the development of internet bank under the circumstance of financial globalization, with the approaches of comparative analysis, positive analysis and so on. The whole paper includes four chapters.The first chapter mainly introduces the origin of the internet bank and its definition, the present situation and its future development tendency and, makes a comparison between the internet bank and the traditional bank and, makes an analysis of the advantages of the internet bank.The second chapter emphatically introduces the foreign and internal studies about the internet banking risk and its law definition, especially the American definition of the internet banking risk and its law control measures and, believes that the law risk is the most important problem in the development of the internet bank and at the same time, the most urgent issue to deal with.The third chapter is the core of this thesis. Based on internet bank-related legal relationship, this chapter analyses the present law problems encountered by the internet bank from two sides. As far as the public law is regarded, they include four parts, i.e. legislature' s lawmaking on internet bank, financial regulation bureau' s management, electronic currency-related problems, and internet crimes. As far as the private law is regarded, they include two parts, i. e. the legal relationship between internet bank and internet server administrators, the relationship between internet bank and clients, in which the second part is more important.The fourth chapter is a conclusion. I think the absence and inadequacy in lawmaking on internet bank must be affecting the development of the internet bank in China, so weaken its competitive ability in global financial competition. As to these problems above mentioned, I put forward some suggestions in the end part.