Research On Security Obligation Of Internet Banking

In recent years,with the rapid development of information technology,the Internet+ has become the most fashionable term Combined with Internet technology,a variety of traditional economic sectors are turning into new economic model deformation.Among them,the Internet + traditional commercial banks bring to consumers the online banking,a new type of service.However,the traditional civil and commercial law have largely been incapable to keep up with the novelty of Internet banking,lagging legislation and the lack of new law result in a net of criminals in this field.Both the customers and even the banks have become their infringement objects.In order to protect the legitimate rights of users and interests of online banking,this paper attempts to analyze the security aspects of the Internet banking from the legal level,to explore the security obligations of commercial banks,and finally to give some.suggestions.This paper is divided into five parts.The first chapter involves the definition of Internet banking security obligations,introduction of its main characteristics,and the interpretation the legal basis of online banking security obligations.The last part is combined with the principle of honesty and credit,income consistent with the theory of risk,principle of risk control and economic rationality;the second chapter,introduce the content of security obligation of Internet banking from four aspects:the banking and information security system,the obligation of risk prompt,the obligation of view and customer recovery;the third chapter focuses on how to identify the violation of security obligation of Internet banking,and how to impose banks with moderate security obligations,based on which,the cases are induced with the consideration of the bank's profit,openness and the protection of subject and object;the fourth chapter discusses the bank security breach of the obligation after imputation The problem,considering the Internet banking of high technology and information technology and other advantages,status,and the gap between customers and commercial banks,should be based on the presumption of fault liability,taking into account the third party infringement or the customer and the bank no fault of the parties,for the protection of network bank customer interests,supplemented by the principle of equitable responsibility.Correspondingly,the online bank should bear the responsibility for the breach of the obligation of security,which is the direct responsibility.In addition,in order to better protect the rights and interests of clients in the network bank,relates to the force majeure,accident,disclaimer case should be treated with caution,not be blindly on the basis of the bank finds no responsibility;the last chapter combined with the deficiency of the existing legislation,from the legislation and strengthening the supervision of two large put forward some suggestions for the safety and protection of the legitimate rights and interests of clients of online banking security.