The Research Of Electronic Banking Laws’ Problem In China

The Electronic Banking is developing very quickly all over the word since the Security First Network Bank (SFNB) was born in United States on 18 Oct 1995. Benefited from its excellent financial service, ie, fast, efficient, secure, on-time and low-cost, Electronic banking successfully win the favour of Customers and gain attention from traditional banks. However, in recent years, stealing occurs frequently in account funds of electronic banking, customer’s interest receives hurting. The risk exposure of which enabled public a new understanding regarding Electronic Banking. Based on the standard research of current Electronic Banking law system, this article conducted cases survey to further verify the deficiency of current legal system, and makes recommendations on how to improve the native Electronic Banking legal system.This paper mainly consists of four parts:The first part describes the concept of electronic banking, the difference between conventional banking and electronic banking, and a brief analysis of the development of electronic banking background, as well as the main risks in the development of electronic banking.The second part analyse the major stipulation regarding qualification admittance, electronic signature, risk aversion and financial regulation. And it also takes empirical case survey to analyze and explore the outstanding problems in current Electronic Banking legal system. Problems of which mainly display in the following aspects:unclear division of rights and responsibilities between Banks and the consumers; Electronic Banking regulations under sluggish supervision; lack of electronic trading solutions for civil and commercial disputes; public’s lack of financial risk awareness, etc.The third Part describes the electronic banking legislation and practice characteristics of America、England、Singapore as well as Hong Kong. Through prescribed by the legal status of electronic banking and research, it provides references for the development of e-banking in China.The fourth part offers comments and suggestions on Electronic Banking legal system on the base of the previous theoretic analysis and empirical research. Mainly comprised of: Improving legislation level; Adjusting the Electronic Banking regulations; Increasing the content of civil and commercial legal dispute resolutions; Establishing a nationwide external fraud blacklist; Increasing consumers’ awareness of self protection; Enhancing the international cooperation and exchange, etc.