Risk Of Online Banking And Legal Regulation Of Research

The development of the information economy and the application of the internet-technology in the field of bank in the 1990s triggered the appearance of the online-bank. The online-bank is the product of financial innovation. In the years that followed, it has mushroomed and challenged the traditional banking legal system. 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 there is no in-depth and systemic discussion about it. In fact, there are no enough corresponding 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. Finally 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. The thesis consists of three parts: The first part is to analyze the legal connotation of the online-bank. Firstly, the part studies the two models and 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. Lastly this part points out the unique legal relationships of the online-bank, analyzing the influence of peculiarity on the risk and the legal regulation. The second part is to make detailed research on the risk of the online-bank. At first, the part emphasizes the importance of the research into the risk, linking the problem with the adjustment of banking legislation in China. Then the writer concentrates on the changes of the risk that has existed in the traditional bank and the peculiar risk of the online-bank. At last, this part analyzes the cause of the peculiar risk and studies the conditions of the risk. The third 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 studies the advanced experience of other countries or regions and the present situation of the legislation in our country, and analyzes the basic principles. Finally, the author tries to constitute and perfect the legal regulation system in connection with the unique risk of the online-bank, including legal system of the supervision, internal control and consumer protection.