| Since the First Network——Bank Security First Network Bank was established in USAon October18,1995, traditional banks all over the world start to create online business one byone, and online banks are rising prosperously all over the world. China Merchants Banklaunched their ALL IN ONE NET business in1997, which pioneered the online bank in China.After that, all traditional banks start to open their online business one after another. With thedevelopment of online banks, new problems which need to be regulated by law were broughtabout, but the online bank is still in first developing stage in China, so the institution of lawfor supervising it is not sound yet. Consequently, the existing law and policy can not meet therequirement of e-bank supervision during this stage. Therefore, it is of great significance fordevelopment and stability of finance in china to study the law for online bank supervision andpolicy for online bank management.It is divided into the following four parts in this paper: part I, basic theoretical study.This section first of all an analysis of the definition of Internet banking, through comparisonand analysis, presented to the elements to be included in the concept of online bankingantibody and, secondly, through comparative analysis with traditional bank online bankingadvantage; last online banking operations at this stage appear in the analysis of the varioustypes of risk assessment. Part Ⅱ, Status and issues of online banking supervision law systemin China. The portion through the current on-line an overview of the legal system for bankingregulation in China and online banking operations summary of an analysis of gaps in theregulation and concluded that current online banking supervision following shortcomings:regulatory system construction of the legal system is not yet perfect, the regulation of marketaccess system was too restrictive, unclear division of rights and obligations of parties to thetransaction, market exit system is not perfect, the operation code for operational risk in areassuch as incomplete. Through the part to a current online banking regulation in China ananalysis of problems existing in the legal systems, make suggestions for later laid theFoundation and premise. Part III, some online banks in developed countries, regulatoryanalysis and enlightenment of the legal system. This section by developed countries andregions--United States and the United Kingdom, Hong Kong, China bank supervision lawsystem on the Internet exist in advanced practical experience for targeted analysis anddiscussion, concluded that online inspiration of constructing legal system for banking regulation in China, supervision of Internet banking in China has further improved the depthand breadth of perfecting the legal system. Part IV, improvement of Internet bankingsupervision law system in China. Through the supervision of Internet banking in China earliershortcomings in the legal system, combined with some developed countries, regions onlinebanking supervision legal system in China, in which focused in part on inadequate onlinebanking supervision law system in China and suggestions on issues that must be solved.This article based on the realities in China, using a summary and comparison of methods,take banking supervision system as the object of research, summarized the existing problems,comparative analysis and advanced experience of developed countries and regions, andpropose a complete method for online bank supervision based on actual condition in ourcountry. It is of great significance in ensuring safe and rapid development of online bank inour country as well as maintaining the stability of the financial markets. |
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