| The Online Banking is a hot issue that draws attention of the law area and commercial field in recent years. The domestic scholar affirmed that the Online Banking had impacted the traditional law theory. It is true that with the coming of electronization and digitalization, the Online Banking has been broad used in our daily life, so it is urgent and realistic to analyze the origination and development of the Online Banking which affect the related law, and to use the law to solve the contradiction and dispute produced in the Online Banking, especially how to confirm that which kind of legal liability problem should be borne by the bank and the customer. At present, the rules, which the Online Banking of China adopts, are mostly agreements, but not specialized laws and regulations, so the problems are mostly solved through arbitrating, there aren't clear laws for adjustment. In view of this phenomenon, this thesis will inquire into the effects the Online Banking brought to the related law, Economic law, Civil law, Criminal law, International private law, International economic law and so on, and it will also discuss the basic problems, such as definition, characteristic and challenge, etc., Besides, this thesis will emphasize on the research of legal relation of party, responsibility principle, indirect compensation for damage question and legal liability. In order to perfect the legal sense of the Online Banking, we offer the problems that need to be solved, meanwhile we should correct and make laws to enhance the legalization of the operation of the Online Banking economy. This thesis proposes to take the advantage of the experience, laws and regulations of foreign Online Banking to lead the domestic Online Bankings development, and put forward a macroidea of establishment and betterment of the electronic payment system. Online Banking and electronic currency will bring mankind society into a brand new non-cash age. During this revolution, no matter in concept or concrete issues, the traditional laws seem to need further improvement. Technologies and laws respectively stand for the... |
PDF Full Text Request