Study On Internet Banking's Security Obligation

Internet banking is a combination of network and finance,as a result of the changes of Internet banking service mode,the framework of rights and obligations between banks and users has also changed.The user's information security and transaction security are easily compromised,the existing law in solving the emerging Internet banking's disputes is not targeted.This article hopes to explore the security obligation of Internet banking and make further efforts to improve the security system of Internet banking in China,so that we can protect the legitimate rights and interests of users in a better way.In addition to the introduction and conclusion,this paper consists of six parts.The first part is an overview of the security obligations of Internet banking.First,after defining the concept of Internet banking and analyzing its characteristics,and combined with the concept of traditional security obligation,we can derive the concept of Internet banking's security obligation.Secondly,this paper discusses the nature of Internet banking's security obligation,and it is more reasonable to define Internet banking's security obligation as a duty on tort law.Finally,this paper analyzes the existing legislation of the domestic Internet banking's security obligation,and summaries the types of domestic judicial decisions and the plight of the judge.The second part is the analysis of the legitimacy of Internet banking's security obligation.On the basis of risk control theory,income and risk consistency theory,social cost theory,predictability theory,substantive equality and good faith principle theory and the proportionality principle and interest measure theory assume the legitimacy of Internet banking's security obligation.The third part is the elements of Internet banking's security obligation.Explaining the elements of Internet banking's security obligation from three aspects:subject,object and content.The subject of security obligation of Internet banking is to provide users with online banking services through the Internet.The object of Internet banking's security obligation includes information security and transaction security.The contents of Internet banking's security obligation includes to ensure the safe operation of Internet banking systems and data to carry out obligations,ensure identification work in the process of Internet banking,Internet banking's security obligation reveal hidden warning obligations and duty of explanation,electronic message transmission error reminder and review obligations,after third party'sinfringement to help the recovery and tracing obligations and improve online banking internal personnel duty.The fourth part is to ascertain the scope of security obligations that the Internet banking violates.From the theoretical and practical point of view,it is necessary to determine the reasonable scope of Internet banking's security obligation.It also explains the principle of determining the reasonable boundary of the security obligation of the Internet banking and the factors that should be considered when determining the reasonable boundary of the security obligation of the Internet banking.The fifth part is the responsibility of breach of security obligations.Explaining the liability for breach of Internet banking's security obligation from three aspects:the principle of liability fixation,the elements of liability and the way of responsibility.The sixth part is the improvement of the Internet banking's security system.After summing up the lack of China's online banking security system,this paper puts forward some suggestions on how to improve the security system of Internet banking in China from two aspects : information security and transaction security.From the point of view of information security,the minimum technical standards for the storage and transmission of information security should be defined,to formulate the rules for the use of online banking information and to define the responsibility of Internet Banking.From the perspective of transaction security,should be provided to users of online banking has helped track and recourse obligations,to distinguish between authorized and unauthorized electronic funds transfer and risk sharing,and to determine the principle of imputation and the burden of proof.