| With the rapid development of network technology and diversified demand of banking business, theworld’s first Internet bank was born in the nineties of last century in America. After that the development ofonline bank became globalized, which not only breaks through the limits of traditional bank such as time,space, etc. and provides a convenient, efficient financial services for the global banking customers, but alsosupplies a broader platform in order to develop and innovate more financial services and products for thefinancial industry. However, as a new combination of the innovation of finance and technology, online bankhas some peculiarities, such as virtuality and openness, hence compared with traditional commercial bank,it is more risky. The online bank is, so to speak, a “double-edged sword”.At present, online bank is developing rapidly in China, in contrast to the traditional bank, it hasobvious advantages, but there are some problems at the same time. In essence, online bank does notdispense the essential attributes of bank, which still possesses the bank’s characteristic of high risk.Meanwhile, due to the dependence of the technology advantages of Internet, it may increase the threats oftechnology security. In addition to the particularity of online banks, the legal system for traditional banksupervision is no longer suitable for the bank on the net, it is difficult to carry out effective regulation, whatis worse, in some areas there even exist legal blanks. Therefore, this thesis researches the relevant theory ofonline bank and its risks to elaborates its basic characteristics and the causes of every kinds of risks, andreviews the development trend of China’s banking industry with the analysis and reference of the relatedforeign legal system from the legal perspective of Internet banking risk supervision.Throughout the world, the booming development of online bank rapidly is taking place in developedcountries such as America, Britain, which has relatively complete supervision system, and the developmentof the Asian country─Singapore cannot be ignored. By comparison to the current situation of legislation,supervision mode, customer rights protection system and market access of the online bank in thesecountries, the research finds the problems of the related present legal system, for instance, the imperfectionof legal system, the regulation target’s ignorance of consumer rights protection, supervision modebackward, in need of reform and the defects of Internet banking market access and market exit. In this regard, this thesis put forward some suggestions, referring to foreign advanced and mature legislationexperience, in the meantime, according to the actual situation in China, such as establishing completeInternet banking risk supervision legal system; regulatory objectives should focus on the protection of thelegitimate rights and interests of customers; clarifying the responsibility of the supervising subject,completing the supervision model; flexible market access and prudent exit mechanism; establishment ofInternet bank information disclosure system, in order to be able to contribute to the improvement of theInternet banking risk supervision legal system. |
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