Online Banking, Legal Regulation And Risk Prevention

Internet banking business means a kind of financial services provided by the bank by the medium of internet .At the present time, internet banking business covers personal and corporate internet banking. Including mainly information inquiry, account transfer, agency payment, online payment, and bank securities cooperation ,a foreign exchange business, agency payment and B2B, international business, group financing , etc. Since 1990's electronic business has developed rapidly, which is of great significance in promoting the development of are conductive to promotion of internet banking. As a wholly new banking, many legal issues come out for lack of related legal rules and supervisory provisions. Regular management and active supervision should be stressed to keep this business going normally and orderly. It is necessary to set strict terms entrance to market, perfect its procedure and demands formalities of applying, approving and putting on files.Legislation should be emphasized and law regulations should be built up facing the great of legal issues in internet banking. The Law of the People's Republic of China on Electronic Signature, and Procedures for Electronic Authentication Service has been carried out, and specified the rights and duties of both banks and consumers, and legal liabilities. However we should establish rules of law, amend Interim Procedures for the management of Internet Banking, perfect commercial law system , and civil procedure. Internet crimes are so complicated that the present criminal law can no longer meet demands and legal reform is needed.Based on analyzing the status of consumers as vulnerable parts in Internet banking business and the external practice, the author constructs the methods and protected the consumers from the point of the view of law, and suggests that it is necessary to take measure of prevention, which is constituted by security system of law guarantee. Otherwise, related law issues are international as well as internet banking is. On this basis, the author presents the ways to application of law andconflict of administer. One is internal legal way to make clear the application of law and administer court through conflict law. Another is the way of international deviation of bilateral or multipartite contracts. It is because of the nature of quickness ,brand and open, paperless and fictitiousness ,the electronic banking is called "institution and mouse " mode. And this nature of the business dedicates the special risk. The author analyzes the legal ground and existing legal risk with reference to the experience of foreign legislation, our actual conditions, and from legislation and practice creates a set of measures and legal system of prevention of the probable risk.