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Several Legal Issue Analysis Of Online Bank

Posted on:2017-01-11Degree:MasterType:Thesis
Country:ChinaCandidate:X X LongFull Text:PDF
GTID:2296330503959108Subject:Civil and commercial law
Abstract/Summary:PDF Full Text Request
Since the first online bank--(Security First Network Bank, SFNB),which was founded in America to now, most of the Banks in global are conducted online banking. A famous person once asserted that the 21 st century is the era of online bank, the traditional commercial Banks will gradually be replaced by the online bank. Along with the rapid development of network and the growing financial needs of Chinese consumers, the online bank got rapid development in our country. Because the attention to the transfer of funds, so in the process of development of the online bank, especially problem is the process of online banking transactions. It is worthy to pay close attention to the importance of online banking transactions, but at present, China’s relevant laws and regulations system is not sound and other factors, the process of our online banking transaction legal issues we still be such tough problems. In order to solve the related legal questions involved in the process of online banking in a better way, in this paper, based on the research of the related legal issues of the bank on the net, aims to clarify the rights and duties in the relationship between the user and the bank of the bank on the net, further clear errors in the process of the bank on the net pay produce loss responsibility sharing, online banking transactions in the process of customer’s legitimate rights and interests protection issue. At the same time, this article also combined with the status quo of the current development of China’s online banking, targeted put forward some Suggestions. Thesis includes the introduction and four chapters, the main contents are as follows:Introduction introduces the selected topic background and significance of this paper, pointed out our country net silver trading customer number and the funds are in the rapid growth of more than ten years of development, but also due to factors such as law or unsound after has many problems. Since then, the introduction of relevant literature to sort and puts forward the research methods of this article. First chapter through the two case, the judicial referee discussed in this paper raises many legal problems that exist in the process of online banking transactions and related judicial referee rules, points out the main problems need to be solved in this paper. The second chapter introduces the history and development of online banking transactions, this chapter on the basic situation of online banking transactions listed in the first place, points out the definition and types of the bank on the net and classification; Then, the development of abroad online banking transaction history, observes and analyses; Finally, this chapter analyses the present situation and the development of online banking transactions in China is worth to pay close attention to related problems. The third chapter analyzes the legal relationship of online banking transactions. First of all introduces the legal features of online banking transactions; Then focuses on the relationship between the main rights and obligations in the process of online banking transactions, mainly including the relationship between bank and customers, the relation between the Banks and the third party, and the relationship between the customer and technical service providers; After finishing summed up online banking transaction process design of the main legal problems. The fourth chapter is the improvement of the system of online banking transactions related legal advice. This chapter from perfecting the information disclosure system of commercial Banks, online banking transactions evidence system, risk sharing the referee rules, regulations and the diversity of net silver trade dispute settlement mechanism five aspects put forward the proposal, in order to put forward some constructive Suggestions.And, of course, we should admit that, in today’s era of science and technology changes with each passing day, with the development of technology, the new legal problems and disputes will also appear constantly. But in real life, the legal system is often difficult to keep up with the pace of the development of science and technology immediately, and with the technology advancement legislation also don’t blindly and reality. It also requires us to consider these factors when making relevant legal system, set aside the corresponding space, when conditions are ripe to perfect the legislation.The purpose of writing this article not only lies in the analysis of the related legal problems of China’s online banking transactions, is more important to be able to clear the rights and obligations and liability rules, when faced with other traditional business and the emerging technology of combining the legal disputes and problems, provides some reference opinions.
Keywords/Search Tags:online bank, transactions, electronic evidence, the multi-mechanisms of solution
PDF Full Text Request
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