The Legal Analysis Of Great Electronic Funds Transfer Risk Prevention

Great electronic funds transfer as a means of electronic payment, in a country’sbusiness and even the international market plays a vital role. Electronic payment ofefficient and fast also inevitably affected the risk of large-value electronic fundstransfer and security problem, how to foresee the risk and responsibility large-valueelectronic funds transfer is the hot topic in the participants.This article divided into four chapters to discuss the risk prevention of legalissues of great electronic funds transfer.Chapter1is the definition of great electronic funds transfer. To research greatelectronic funds transfer and its risk prevention, deal with the concept of greatelectronic funds transfer has a clear understanding firstly. As the first in the world tolegislation with great electronic funds transfer, the American "uniform commercialcode article4A " design,“Funds transfer” means the series of transactions, beginningwith the originator’s payment order,made for the purpose of making payment to thebeneficiary of the order. The great electronic funds transfer non-reason, relativity, andthe characteristics of the international responsibility, the formation and process of thedeal has a different effect. On the basis of the concept and characteristics, and refer tothe parties in uniform commercial code article4A and UNCITRAL Model Law onInternational Credit Transfers, in combination with "pay order" and "safety program"to the provisions of the rights and obligations between the parties and responsibility,give a more in-depth analysis to the legal relationship between the parties.Chapter2is about the source of risk and its division of great electronic fundstransfer. In the literature of the past, the division of great electronic funds transfer risksources from credit risk, legal risk, technology risk and so on. The author put theinterestied in the parties and as the starting point, the risk classification is also on thebasis of the angle of the parties, specific divided into risk of bank behavior lead to,customer behavior lead to and the third person.Chapter3is about the risk and the responsibility of great funds transfer. Beforethe study to the risk and responsibility of parties, first of all is to clear imputationprinciple. This chapter is given priority to the principle of fault liability and fairliability principle is complementary, and then discusses the risk and responsibility ofgreat electronic funds transfer of the banks, customers and third parties, for thepurpose of clear risk, implement the responsibility. Chapter4is about the legal system of risk prevention of great electronic fundstransfer. After reasonable elaboration the great electronic funds transfer in our countrylegislation present situation, puts forward the overall concept of risk prevention. In theaspect of risk prevention, not only to solve the problem of secure payment, but alsonotice to strengthen international cooperation, the way more important and effective isto make a standard on the law level. At the end of the paper, the author put forwardthree assumptions targeted at the system level, on the form of legislation as well as theconcrete system, be hope for helpful to the future of great electronic funds transferlaw in our country.