Research On The Security Guarantee Obligations Of E-banking

As the development of the electronic bank,network financial services have greatly changed and facilitated people's life.But at the same time,the network of the e-banking as the media network infringement also intensified.E-banking cases have the following problems in judicial practice: the standard of the reasonable limit of the e-banking security obligation is not clear,the distribution of burden of proof is not uniform,accountability standards are unclear and the lack of consideration for user faults.Therefore,it is necessary to comb and standardize the e-banking security obligation system to solve the above problems.In addition to the foreword and epilogue,the text has four parts:The first chapter is an overview of electronic bank's security obligations.Through the comparison and analysis of the security obligations of traditional Banks and electronic Banks,the concept of electronic banking security obligation is defined.This paper analyzes the theoretical source of risk control theory and the theory of reasonable trust principle and the theory of economic rationality.And the development status at home and abroad is summarized and analyzed.The second chapter concludes the main content of the electronic bank's security obligation :the first is the duty of attention and remind,the second is the duty of operating protection duty,the third is the duty of information protection,the fourth is the duty of aid and assistance obligation.And the operation protection obligation is the core content of the security obligation.The third chapter is the responsibility judgment of violating electronic banking security obligation.It is analyzed through the following four aspects:the factor of liability,the doctrine of liability fixation,the form of responsibility and the reasons of counterplea.The principle of imputation of bank breach of electronic bank security obligation should be based on fault presumption and equal responsibility.In the form of liability,it is more fair and reasonable for the bank to assume the supplementary liability compared with theunreal joint and several liability.The fourth chapter is to improve the safety of electronic banking.And the actuality of our country current legislation and relevant judicial case analysis,combing the current electronic banking security obligation system in the outstanding problems that exist in the legislation and judicature,and put forward corresponding suggestions:formulate special legal norms for the security obligations of electronic Banks to refine their specific content and judgment standards;introduce judicial interpretation to regulate the burden of proof and responsibility of the electronic banking security obligation;strengthen the supervision of electronic banking industry;we can introduce insurance system to share electronic bank security risk;use safety technology measures in the field of electronic banking security.Finally,we will improve the electronic banking safety guarantee system.