Research On The Legal Safeguard Mechanisms For The Safety Of Internet Banking

With the rapid development of internet banking, the safety problems aroused has blocked the way to the further development of internet banking.The relevant regulations from traditional banks cannot obviously take effective measures to these safety problems.Thus, this article, aimed to the risks in the run of internet banking business, discusses how to improve and perfect the legal guarantee system to make it safer and more reasonable on the basis of analyzing the internet banking business and the relationship among the main participants. This article is divided into five chapter, except the quotation.The first chapter is about the case analysis and internet banking business description.This chapter will refine the main problems from the present internet banking business by quoting the case study. Then it will summarize the relationship among the participants---the banking financial institution, internet banking clients and the third party technology service provider by comparison and analysis in the theme of internet banking business and the safety of internet banking.The second chapter is the main risks that the internet business faces and the current supervision legal status in China. Firstly, this chapter analyses the main risk factors in the safe operation of internet banking,this kind of risk factors is related to not only the strategic risk, credit risk, legal risk, technology operating risk, liquidity risk, foreign exchange risk, interest rate risk, market risk and the risk of traditional type, also involved in cross-border transaction risk, network risk, outsourcing risk belong to the business of internet banking particular risk types.Besides, the chapter also analyzes comprehensively the current safety laws and guarantee system from the internet banking at home and abroad.On one hand, considering the Basel committee on banking supervision, and the United States in the fields of influence and authority. This paper give attention to other countries and regions, at the same time, especially in view of the above two release regulatory principles and relevant legal system for a more detailed research.On the other hand, consider this paper writing purpose is to establish and improve China’s online banking security legal security system to better guide our online banking practice, therefore, the chapter also analyzes and discusses relevant safety supervision legal system of the internet banking in our country. The third chapter, Discuss the main problems existing in the security law protection systems of internet banking.In this chapter,security legal safeguard mechanism problems about internet banking business are summarized on the basis of the existing main problems in a more detailed analysis, this article mainly involves the following four aspects:Firstly, the supervision system relative lag, and relevant laws is not harmonious, Secondly, online banking market access mechanism is not sound, and we don’t have corresponding market exit mechanism, Third, the business of the internet banking technology risk monitoring mechanism is not sound, Fourth, the customer rights and interests is lack of protection. Of course, security problem legal safeguard mechanism of the existing problems about internet banking business are far more than these, this paper only focuses the above four aspects in detail. The fourth chapter, discuss the improvement of the security legal safeguard system of internet banking.Firstly, discusses the principles that we should stick to improve and perfect the security legal safeguard system of internet banking, including the security principle, and the openness, protect the weak party principles and benefit principle. Secondly, it is directed by the four problems existing in the security legal safeguard system of internet banking from the third chapter.We will combine the practice of the internet banking with the valuable experience gained from the above analysis of security legal safeguard system of internet banking in developing countries and regions.This chapter puts forward the exact suggestions to improve the security legal safeguard system of internet banking in our country and to how to avoid the fact that relevant supervision legal system lag and not harmonious,to further perfect online banking market access system and explore its market exit system,To how to construct the safety of the bank’s internal control mechanism to improve technical risk supervision system and how to strengthen the privacy as the key to the consumer’s protection.The fifth chapter is conclusion.Unlike previous, on one hand,the article start from elicit the main problems to the present internet banking business by quoting the case study and comprehensive analysis, by the case puts forward the exact suggestions to improve the security legal safeguard system of internet banking in our country, pay more attention to the effectiveness and operability of proposed; on the other hand,from the analysis of the relationship between internet banking and consumer to a consumer’s perspective,to look at the current lack of regulation of internet banking laws, and pay more attention to the protection of the legitimate rights and interests of customers. In order to promote the continuous development of China’s internet banking.