Bank Network Business Tort Liability Analysis

Internet banking is an innovated model that the bank provide business and service to customers through the Internet channel.Internet banking represents the new situation in the development of banks.Its model of service and own characteristics have a big difference with traditional banks.The online banking infringement is a new type of infringements that appears with the development of online banking services,which is quite different with traditional bank infringement.The original laws and regulations'adjustment of traditional bank infringement are lack of relevance and operability to online banking,which led to no clear legal basis to deal with such cases in the judicial practice,caused different managements around the same case.This paper analyzed the controversial problems in the judicial practice of online banking infringements,that is,the subject of responsibility,the applicable principle of imputation,and whether or not the???th article of"tort liability law"was applied,and combined with the current situation of legislation in China?On this bases,this article proposed that in the future,when introducting the judicial interpretation of"tort law",we should put forward the bank as the main responsibility for tort liability,and online banking should be applied to the security obligations clearly;definite the principle of imputation of the application of fault liability in online bank tort liability;apply the tort liability of online banking to the imputation principle of fault presumption;improve the corresponding laws and regulations to be lawful;increase customer information protection efforts,to reduce the occurrence of online banking infringement cases from the source;put the online banking tort liability into the scope of bank liability insurance to ensure the bank's business risk can be guaranteed.