Legal Protection Of The Interests Of Consumers Of The Online Banking

Accompanied by the springing up and rapid development of internet banking and the increasingly strengthening of consumers' sense of rights, the rights and interests problems of internet bank consumers are increasingly being paid more and more attention by government and the public. Apparently, the traditional legal systems in the international society have already been incapable to effectively respond and solve these hidden troubles related to the protection of the rights and interests of internet bank consumers existing in the reality. Thus, it is of great practical significance to analyze the legal relationship between internet bank and consumers, explore the significance in protecting the rights and interests of internet bank consumers, comment the protection practices and the problems existing in legal systems, discuss how to build up and improve the stronger legal safeguard mechanisms in accordance with the particularity of internet banking. In view of that, the author comprehensively applies the analytical methods of positivism and comparison to make systematic research on the issues of the legal safeguards for the protection of the rights and interests of internet bank consumers.The thesis consists of five chapters besides the introduction portion.Chapter one is the summary for the internet banking and internet bank consumer. In that chapter, the author first defines and concludes the basic concepts of internet bank and internet banking, and then she makes an initial analysis on the connotation of internet bank consumer by means of comparison. On that basis, the author also briefly introduces the challenges brought to the protection of the consumers' rights and interests by internet banking, and puts forwards the general conception about constituting the legal safeguard mechanisms for the protection of consumers' rights and interests. In Chapter one, the author not only raises problems, but also indicates the general resolutions for the problems, thus the chapter in fact establishes the general principles and lays the foundation for the deeper analysis in the later chapters. It is based on the initial analysis made in Chapter one that the following three chapters ranging from Chapter two to Chapter four make the deeper exploration and positivist research on the legal safeguard mechanisms for the protection of rights and interests of internet bank consumers, respectively from the angles of the legal relationship between consumers and bank, the risks confronted by the consumers and the responsibility sharing, the foreign legislative experiences on the protection of internet bank consumers. The three chapters constitute the main parts of the whole thesis, by way of analyzing and demonstrating the problems.Among them, Chapter two is mainly about the research on the legal relationship between consumers and bank. In the perspective of the legal relationship between internet bank and consumers being contract relationship, the author in this chapter analyzes the particularity of the contract in internet banking, demonstrates the existing problems in the use of form contract in internet banking, and then in great detail examines and discusses the necessity for the intervention of legal systems. In addition, in this chapter, the author analyzes in details six rights and interests of internet bank consumers and five major statutory obligations of internet bank.Chapter three specifically addresses the risks confronted by the consumers and the problem of responsibility sharing. In this chapter, the author first analyzes the main parties involved in the several major risks and the relationships between them, reflecting the particularity and complexity of the internet banking transaction.Chapter four concerns the study on the legislative experiences for the protection of internet bank consumer. When discussing the legislative dynamics on the protection of internet bank consumers in other countries and districts, the author chooses the legal practices in the United States, European Union and South Korea as the objects of study for they are so special, complicated and advanced.In Chapter five, the author collectively discusses the problems of constructing and improving the Chinese legal safeguard mechanisms for protection of the rights and interests of internet bank consumers. The logic utilized by the author here is to consider building the legal safeguard mechanism as the basic legal approaches to resolving the protection issues of the rights and interests of internet bank consumers in China, and then to apply those helpful experiences obtained from the international society to the specific progress of constitution and improvement of the Chinese legal safeguard mechanisms. As the last and concluding part of the thesis, this chapter finally focuses Chinese concrete practices. On the basis of explaining the legislative development of internet banking in China and the current legislative conditions about the protection of the rights and interests of consumers, the author combines the international experiences with our concrete situation, then puts forward some detailed reflections and suggestions on improving current legal safeguard mechanisms for the protection of internet bank consumers.