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Internet Banking Risk Legal And Regulatory Research

Posted on:2010-10-17Degree:MasterType:Thesis
Country:ChinaCandidate:G R SunFull Text:PDF
GTID:2206360275496733Subject:Economic Law
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Since its spring up in America in 1995, Internet banking has been developed rapidly around the world. Internet banking is a financial innovation which is a combination of traditional banking and information technology network. As a result, it also belongs to the financial sector. In competing with the traditional banking, internet banking which has advantages of convenient, fast, low-cost and efficient is competitive in the long run. However, the safety of internet banking is being doubted because of the technical constrains it confronting with which restrict its long-term development. Hence, the main task is preventing risks and guaranteeing the safety of internet banking. This dissertation is trying to find a method for risk supervision of internet banking, so as to put up a safe operating environment for internet banking from legal point.On the basis of analyzing the cause of its risks and the supervision of its procedures, comparing the experiences of America, England, Japan and the Basle committee, this dissertation points out our country's problems in internet banking supervision and gives some advices.The author uses the method of legal hermeneutic, document arrangement, comparison and inter-course analysis to explore legal supervision problems in internet banking. The creativities are in chapter five where gives some solutions to Chinese internet banking supervision problems.The dissertation consists of five chapters. Chapter one is an introduction of risks of internet banking, its types and causations. In that chapter, the author mainly discussed the technical risks, fluid risks, credit risks and legal risks. Chapter two discussed the theoretical foundation of internet banking risk supervision firstly, and concluded that "market failure" theory in economics is the theoretical foundation of internet banking supervision. Besides, this chapter analyzes the risk management in three major parts of internet banking operating such as the market access supervision, the ongoing prudential supervision and the termination supervision. Chapter three concerns the international mode in internet banking supervision, including the American mode, English mode, Japanese mode and the Basle committee mode. Chapter four discussed the main problems in Chinese internet banking risk supervision. The author regards Chinese internet banking supervision has three significant problems. Firstly, distemperedness in legislation; secondly, the flaws in consumers' interest protection; thirdly, distemperedness in supervisor. Chapter five is author's advice on how to perfect Chinese supervision system. About distemperedness in legislation, the author gives four advices: A. makes legislative aim clear; B. improves legislative level; C. enhances the operability of provisions; D. fills up the legal blanks. In protecting consumers' interest, the author gives two advices: A. draws on the experiences of European committee for banking standards and emphasis on protecting consumers' privacy; B. properly allocate each party's responsibilities in standard form of contract. Concerning perfecting supervisor system, there are two suggestions: A. set up a uniform governmental supervisor system; B. put more emphasis on guild construction and social supervisors' function.
Keywords/Search Tags:Internet banking, risk, legal supervision
PDF Full Text Request
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