Research On Technical Risk Allocation In Electronic Banking

Electronic banking is a set of networks which provide banking services to customers, including commercial banks and other banking financial institutions which use the communication channel or the public network oriented to the public, as well as the dedicated network which is established for particular self-service facilities or customers. It includes online banking, telephone banking, mobile banking and other banking business which use the electronic service equipment and network by which customers can finish a financial transaction through self-service. The emergence of electronic banking not only improves the competitiveness of the bank, but also facilitates the financial consumers. Although technological progress brings benefits to people, it also poses risk, which is mainly reflected in frequent occurrences of theft of electronic banking accounts. The regulation of related legal norms on electronic banking is limited and lacks specification, which is the reason why the court’s trial for such case is divided and even lead to the possibility of "different sentence with similar cases ". The main issues include whether the deposit is stolen, whether there is a breach in the bank, the distribution of burden of proof and the application of imputation principle in the cases of theft of electronic banking deposit. The identification about the main issues of electronic banking deposit theft by court is seemingly allocation of responsibilities, but in fact, it is the allocation of risk behind the responsibility, which is mainly related to the distribution of technical risk. Allocation of technical risk in theft of electronic banking deposit should be skewed to the bank. Under the guidance of skewed distribution principle, we will gradually improve and solve the core issues of stolen deposit cases in electronic banking.