The Research On Security Obligations Of Internet Banking

Since the1990s, with the rapid development of the information technology revolutionand the depth of the computer, these developments have created a new economic model-the"digital economy" This fast emerging economies are brought along the ever-changingtechnology, increase the level of knowledge-intensive and many other business areas, and thecreation of a virtual supply chain and new forms of service channels, Internet Bankingemerged. In the context of the rapid development of China’s Internet bank, Internet Bankingcustomers has become the main target of criminals violations, property damage casescustomers frequent occurrence, it has become the primary factor affecting consumer use ofInternet Banking.The civil law system in China’s traditional online banking customers toadjust to this new relationship，led to the existence of various problems in judicial practice.This paper aims to investigate the safety and security of online banking obligations proposedto improve targeted advice to better protect the legitimate rights and interests of onlinebanking customers.About online banking security obligations, our law does not give a clear definition. Inthis paper, the provisions of the general security obligations for online banking securityobligations were defined. According to the principle of good faith, consistent with thetheoretical benefits and risks, risk control principles, economic rationality, online bankingsecurity obligations should apply. By examining the general security obligations and specificprovisions related content，this paper attempts to clarify the specific content securityobligations from hardware and software; then explore the online banking rules should applythe principle of academic dispute about the bank violates the principle of imputation securityobligations; the paper analyzes the particularity of online banking features and risks that thepresumption of fault liability should be based, equitable liability supplemented; thencombines the constituent elements of traditional bank security obligations of constituentelements of online banking security obligations were analyzed, and the particularity of onlinebanking online banking breach proposed to determine the reference standard security obligations: the prevailing the probability of technical standards, public acceptability and riskoccurrence; furthermore, analysis of the forms of liability that is directly responsible foronline banking and complementary responsibility for force majeure, accidents and protocolsexemption defenses were detailed analysis and discussion; finally for our online bankingsecurity obligations defects in the legislative and judicial recommendations made perfect.In this paper, the introduction and conclusion to remove a total of four parts:The first chapter is an overview of online banking security obligations, defines theconcept of online banking security obligations, analyzed its theoretical basis, and the currentdevelopment at home and abroad are summarized online banking security obligations; Thesecond chapter, combined with the general safety obligation to protect a detailed analysis ofthe theoretical content of online banking security obligations，The third chapter, combiningtraditional banking security obligations analyzes the security of online banking breach ofobligations should bear civil liability, Including responsibility principle, exemptions andliability forms; The fourth chapter, the theoretical basis of the consolidated securityobligations, and the status quo of domestic and foreign legislation, put forward to improve thesafety and security of online banking obligations suggestions.