Study On The Legal System For Internet Bank Risk Supervision

With the development of the market economy, as the new product of economy industry and technology, Internet Bank appears. Internet Banking brings the work efficiency improving as well as the financial risks which need legal supervision.The basic risk types exist in the internet banking are nearly same with the traditional bank, however the technical risk, the law risk, the credit risk are different from each other. Therefore, the traditional supervision methods and ways can not protect the risks comprehensively and effectively. The legal supervision needs changing because of the new characteristics of Internet Banking risks.This paper mainly includes six parts. The first part is the foreword part which introduces and analyzes the background significance, purposes and the current situation of the research. The second part mainly analyzes the definition, classification characterizes of the internet banking, the pattern of existing risks, the necessarily and law relationship of the risk supervision. The third part analyzes foreign law legislation of internet banking model objectives, system,methods, the entry and exit criteria, the risk protecting measures in the foreign legislation and draw lessons from the advanced practices. The fourth part puts forwards the problems exist in internet banking legislation.The supervision model needs changing,thsupervishion system can not combine with the internet banking business, the supervision subjects’ specialization needs promoting,the supervision methods can not combine the characters’of the internet banking.The criterias of entery and exit are not comprehensive. The supervision measures of preventing risks in technic legislation and credit need promoting. The fifth part puts forward concrete consummate suggestions according the problems mentioned in the fourth part.. Firstly, Combining the heteronomous model with atonomic model together; Insisting the functional supervision system; Perfecting the supervision subject coordination mechanism; Legislating the regulations on the inspections. Secondly, supplementing the invisible entry criteria and the scope of internet business activities; Establishing the exit criteria legal system. Thirdly, Setting up the technological risks rating system and integrierter nationalert safety certification organization, and stipulate the legislation on the safety certification. Replenishing relevant laws and regulations about the technique outsourcing. Fourthly, revising and supplementing the special legislation and other sustaining legislations, replenishing the customer’s lawful rights and interests., perfecting the legislation about cross-border banking.