Legal Issues Of Bank Secrecy Obligations

As the product of social life and economic development,bank, playing an important role in the financial order. The bank, as an agency of deposit and withdrawal, controlling the information, such as document numbers, contact and credit, from the business relations beginning. It’s an important topic that how to protect the information, which the bank controlling. The bank have the right to earn profit, which from the interest difference between deposits and loans.Automatically, the bank has the obligation to protect the information, which should be regulated in the areas of equal rights and obligations.The bank’s obligation of confidentiality has a long progress from initial establish to perfect, and the backgrounds of political, economic and social are deep, not accompanied by the emergence of banks. It’s go through a course from the "Implied terms" to "Collateral obligation" and then "Privacy" theory for the private right, the privacy being challenged by power. No matter legitimate bank business or non-legitimate business, such as tax evasion, laundering and so on, Swiss bank, which is one of the most representative banks in global, is the first choice, cause it’s been given the strictest obligation of confidentiality. This shows that the strict bank’s obligation of confidentiality is not only positive but also negative, it been used by criminal for non-legitimate business, such as tax evasion. So it’s a headache topic that how to guide the bank’s obligation of confi dential ity to a healthy track in the above background.The abroad bank’s obligation of confidentiality, especially the United States, Switzerland and the EU, is evolve better than China, there is no system about it, especially in against tax evasion, laundering and other, or no win-win mode so far, but scattered in single line laws and regulations chaotically. The cause is being affected by economic and political environment except short distance of the development of China’s laws. Therefore, it is a worth topic about how to improve the system of bank’s obligation of confidentiality in China, the focus in against crime, create a personal credit.