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Research And Analyze Of Legal Issues Of Protecting The Rights Of Online Bank Customers

Posted on:2014-01-01Degree:MasterType:Thesis
Country:ChinaCandidate:Y R WuFull Text:PDF
GTID:2246330398968995Subject:Economic law
Abstract/Summary:PDF Full Text Request
It has brought great developing space for banking industry as a result of network raised and internet technology progressing. Online bank which combines traditional bank with internet technologies brings new model of financial services for people. The emergence of online bank meets the needs of the times, but it has brought a lot of problems, the most important problem is the protection of customers’rights. Our customers’rights of online bank has been impinged greatly, which makes the public begin to distrust the online bank gradually, therefore, this article focus on the protection of online bank’s customer’s rights.The article is divided into five parts.The first part introduces the typical case-100,000RMB stolen case in Wuhu. The hero of the case (MR. WU) which his right of learning the truth, right of privacy, right of security, right of fair trading and right of reasonable compensation has been impinged as the customer of online bank by analyzing the case.The second part analyses the definition of online bank in Basel Committee on Banking Supervision (BCBS), European Committee of Bank Standard (ECBS) and Federal Reserve System (FRS) and proposes personal views to online bank. The author puts forward the features of online bank:convenience and shortcut, high efficiency and low cost and equal exclusive right, defines the concept of online bank’s customers, and then proposes the customers should own the following rights:right of fair trading, right of security, right of learning truth, right of privacy and right of reasonable compensation.The third part analyses the expressions and the reasons about the rights of online bank’s customers impinged. The right of online bank’s customers which has been violated is shown that unfair transaction, violated right of learning truth and privacy, unreasonable risk bearing and compensation. The reasons which customers’rights been impinged is that inadequate legislation, poor supervision of online bank, transacted evidence obtained difficultly, the problem of signature and certification, as well as the customers’reasons. The forth part uses the method of comparative analysis, analyzing the United State, Europe and other developed countries’legal system about protecting the rights of online bank’s customers. The article mainly analyses from the legislation and supervision and get the experience, China should be based in our country’s own national conditions and improve our protection system of customers’rights from the legislation and supervision of online banks.The fifth part proposes the basic ides about the legal system of protecting customers’rights of online bank of China on the basis of our national conditions. On the point of legislation, China should give great attention on legislative goals and legislative value, and then improve our protection system of online bank’s customers’rights from the following points:the protection of the privacy right, the improvement of information disclosed system, the examination of format contract and the distribution of proof burden. On the point of supervision, China should have correct supervised model, supervised goals and clear supervised principles, should own the improved laws and regulations of supervision, should establish the improved market access and exit system of online bank, should strengthen the protection of customers’rights in the process of supervision, the function of self-discipline in banking industry, and the improvement of people supervisor’s quality in the regulatory authority. On the point of customers themselves protection, customers should strengthen their own risk awareness and rights protected awareness, should develop good surfing habits, and should establish the perfect secure experience and communicated system for the online bank’s customers.
Keywords/Search Tags:Online bank, Online bank customers, Customers’ rights, Protection of rights
PDF Full Text Request
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