Study Of Bank Secrecy Law System

Since 1934, the Swiss formulated the first Western bank secrecy laws, making it the founding of the Swiss banks this year, due to comply with the principle of "silence is golden", "customer confidentiality", the Swiss banks are considered the world's most people trust the banks, the politicians, business tycoons and performing arts star deposited their money in various banks in Switzerland, the achievements of the European countries well known for the financial industry. However, along with social development and national prosperity and the growing financial industry, the disclosure of customer information and the legitimate requirements of the flow of information, more and more inevitable that the system of strict bank secrecy increasingly show its drawbacks. This article as a starting point is to try to make a more comprehensive and systematic theoretical studies on bank secrecy, combined with the actual situation in China and other countries to absorb the legislative practice, and put forward a sound system of banking secrecy in our country's legislative proposals, so that the system of bank secrecy in the new economic situation to promote the development of China's financial industry.This article's the first part focuses on the bank secrecy system's basic theory, exploring the concept of bank secrecy obligations, characteristics and in breach of the obligation to bear the legal responsibility of the system based on the history and development are discussed, and the system also the theoretical basis for discussion of specific, mainly related to bank secrecy system, the theory of contract law and torttheory, so that bank secrecy system built on the basis of certain legal.The second part of the scope of bank secrecy and the exceptions of bank secrecy involved made the scope of protection and careful exposition, and disclosure of information are also analyzed, but also focused on the bank secrecy system and information disclosure system and the relationship between the two games.The third part of analysis of a number of legal caused by bank secrecy, essentially because of bank secrecy and disclosure led to the conflict, such as personal credit problems, the issue of tax investigation, money laundering crimes, international financial regulation and exchange of information legal issues, which requires us to balance the relationship between the bank secrecy and the disclosure of information;The fourth part of the bank secrecy system in the improvement and development of our country, this part is an analysis of the system of banking secrecy in our country the status of the legislation and its deficiencies, and based on the bank secrecy improve our system so that the system in the new economic situation, not only the protection of customer financial privacy and to safeguard the public interest of our country, an individual-based and community-based benefits in the law to have a better weighed.This article seeks to break through the traditional system of bank secrecy of research methods, to take a comparative study and case studies, multi-disciplinary research and cross-system analysis, such as research methods, on the basis of bank secrecy system theory, development trends, as well as the system in China to establish and perfect to do in-depth discussions in the original theory based on the bank secrecy of the system and to deepen further.