A Discussion On Supervision System Perferction Of Internet Bank In China

Recently, the Internet bank on the function of financial platform has been outstanding everyday. Internet bank trading becomes the modern people life contents gradually and shows a strong vitality. Just as one needle "cordial ", making the luck camp of banking method and service contents of banking turns over the change like the sky replies the earth. While the network safety and its resulting risk has become the bank on the net effect of the healthy development of the bottleneck, and restricts the steady expansion of the banking industry. The development of the bank on the net in China is relatively lag behind, the legal system of the related risk supervision needs to be established and perfect, as a result the absence of the judicial practice becomes a major issue to be resolved. So, we have to further study risk supervision of the bank on the net, set up and improve Internet banking risk supervision mechanism, and promote the healthy and orderly development of the bank on the net.In this context, this article take example by the bank of countries and regions that have advanced experience which established a perfect and mature net risk supervision system, from the case analysis the bank risk supervision is necessity, supervision key and related legislative defect. This chapter provides the suggestions of improving our country's legal institutions of Internet bank, in the light of comparing our legal institutions to international's according to relative and historic methods, on the basis of dialectically analysing and researching our legal institutions according to the specific cases, and by means of quoting and using previous research output and international advanced experience according to the method of literature survey analyze and inductive analyse. Analysis the legal relationship status that about banks, customers, network operators three parties of Internet bank. This article analysis the trilateral status, including the bank, client and network operating company in the legal relationship of the Internet bank, and discusses the burden of proof of the traditional law system to the influence of Internet bank, and the application of principles of imputation in Internet bank risk supervising. It argues for the difference between risk of the Internet bank and traditional bank, and searches for Internet bank risk supervising objects, aiming at innovating in risk regulation and law enforcement.The article is discussed from the following parts, the first part called case. Analyzing the case of the Internet bank to educe a discovery of the judicial practice-the importance, necessity and confusion of the Internet bank risk supervising, then looking for the entry point of the problem by analyzing the related problems. The second part is to define the concept, the characteristics and the development of Internet bank, to analyse the risk and risk supervising connotation of the Internet bank and to improve the importance and necessity of Internet banking supervision. The third part, according to the analysis to the risk supervising of Internet bank in our country, which is in the perspective of judicial practice, it submits a problem that indwells the risk supervising of Internet bank. The fourth part, perfecting the supervision of network bank for legislative system and law enforcement, which can better guarantee the interests of their clients and healthy development of the Internet bank.