On The Conclusion Of Electronic Contracts 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 two parts.The first part mainly introduces the internet bank itself from four sides.This part elabrates 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 business and the mode of development of the internet bank. This part also emphatically prezents 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 second part is the core of this thesis. Based on internet bank--related legal relationship, this part analyses the present electronic contract law issue encountered by the internet bank from one aspect—formation of contract. This part discusses the contractral relationship between internet bank and its clients from three sides. It analyses, the electronic contractral definition and characteristic of internet bank, the authentication of subjective qualification in electric contract relationship, the detailed process of the electronic contract formation.The last part 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 and conclusion in the end part.