Research On Standard Form Contracts Of E-banking

In the1990s, with the Internet technology using in banking, e-bankingcame into being, and quickly grew and developed in a short period, to becomethe main development direction of the bank in the Internet era. Thedevelopment of electronic banking promotes the prosperity and development ofe-commerce, therefore, more and more people choose to open the e-bankingon-line transactions.Owing there are more E-banking customers and they mainly use in theonline operation, so all the electronic banks adjust the rights and obligations ofe-banking customers in the form of service agreement. In order to avoidresponsibility, shift the risk, e-banking using its own dominant position in theservice agreement set many exemption clauses.These clauses passedunreasonable burden on to bank customers in the form of the contracts. Thecustomers who wish to use convenient services of online banking, can onlychoose to accept an unfair agreement. In real life, Banks to use the formatcontracts to be prejudicial to clients also occurred.At present, China only has 《Internet banking Interim Measures》in theelectronic banking legislation, which belongs to departmental regulations,having strong administrative color, at low levels in the legal hierarchy. And thecontents of the Law are too principle, the rights and obligations involved ine-banking customers are no relevant provisions. Therefore, how to protect thebenefits of customers and promote the healthy development of electronicbanking has become the urgent problem.This article by analyzing these issues,"Electronic Banking ServicesAgreement Terms of format as the research object, through the analysis ofe-banking and terms of format, pointed out the drawbacks of our current termsof format agreements. Through legal analysis, propose early solutions to those problems, in order to protect the legitimate rights and interests of consumers, tomaintain a balance of interests between banks and their customers.E-banking customers are divided into individual and corporate customers, thispaper studies on the protection of personal interests of customers, because ofthe strength of individual customers are weak and dispersed, even the rights areviolated, the cost of litigation is high, the burden of proof is often too difficultto safeguard the legitimate rights. Therefore, the research of individual clients’interests’ protection has more realistic meaning.