Research On Legal Issues Of The Transaction Security Obligations Of Bank

As an important mainstay of our finance consumption, bank’s protection of thetransactions security directly effects consumer’s personal passion for finance, alsoeffects the future of the long-term trend of China’s financial industry. Recently, withthe innovation of banking, the services are more complex and multidimensional, andcustomers are more difficult to judge the risk. Financial innovation makes newdisputes emerging, transaction process, premises and trading system may become theweaknesses of the property and information security. However, our related legalfoundation is weak: the provisions of the Bank Law are a blur, and only traditionalcivil law can be basis, resulting in the lack of specific guidance on the bank’stransaction security obligations, which leads to the judiciary have difficulty toreaching the unified understanding and different sentences. Three cases of bank’stransaction security obligations are serviced as the breakthrough point, and this thesisattempts to research the nature, content judgment and responsibility combined withfinancial law basic principle through the case study.This thesis combines four chapters: the first chapter starts with the casesconnected with bank’s transaction security obligations of the transaction process, premises and trading system searching for the problems in bank’s transaction securityaspects. The second chapter mainly studies the foundation of bank’s transactionsecurity obligations. Firstly, the rationality of bank’s heavier security obligations isdemonstrated from the legal analysis. Secondly, theories of the nature of the civil lawsystem and continental law system are teased out and this thesis comes to conclusionof the nature combined with the current legislation and the status of the banking. Thethird chapter discusses the responsibility of the bank’s transaction obligations, whichincludes the content, principle of liability and liability forms depending on thedifferent nature. The fourth chapter proposes to consummate the institutions of bank’stransaction security obligations in the aspect of legal system, judicial philosophy andother supporting regime achieving a combination of prevention and relief and makingthe distribution of the benefits of financial consumers and financial industry.