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Dedication And Due Diligence Of Bank In Telecommunications Fraud

Posted on:2019-03-10Degree:MasterType:Thesis
Country:ChinaCandidate:J TianFull Text:PDF
GTID:2416330602958382Subject:Law
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Telecommunications fraud is a type of case that seriously jeopardizes social stability.Combating telecom fraud activities is conducive to the construction of a social credit system.In the act of preventing telecom fraud,banks can play an active role by fulfilling their dedication and due diligence obligations.However,at this stage,banks still have defects in the process of fulfilling their prudential obligations.Therefore,it needs to improve laws and regulations and further regulate the exercise of bank prudential obligations.The article starts from the practice of China's banks'prudential obligations,and uses various methods such as comparison and empirical analysis to help banks in the practice of preventing telecom fraud.In addition to the introduction and conclusion,this paper is divided into four parts.The first part is an overview of telecom fraud and prudential obligations.Banks exercise prudential obligations in activities to prevent telecommunications fraud,which can effectively combat telecommunications fraud activities.The exercise of bank prudential obligations has different content depending on the different stages of telecom fraud,and is closely related to the characteristics of telecom fraud.This part mainly discusses the characteristics of telecom fraud,the main links and the concept of prudential obligations,and the legal basis.The second part is the determination of the bank's prudential obligations in telecom fraud.Bank prudential obligations are mainly exercised in business operations and risk management.The business operation includes two parts:account management and transfer remittance.In the account management,the bank exercises the prudential obligation,which is limited by the standard of the law when the account is opened.The bank's prudential obligation is not enough.In the transfer and remittance stage,the bank Taking emergency measures to freeze fraudulent funds is a manifestation of banks' fulfilling their prudential obligations.However,the legality of this act needs to be clearly defined.The risk management process includes two aspects:publicity and education and improvement of risk management business process.In the publicity and education,the implementation of the prudential obligations of the bank is limited due to the unsmooth linkage mechanism,and the bank has insufficient requirements in the risk management business process and the requirements of prudential obligations.Does not match.The third part is the comparative law study of bank prudential obligations.By drawing on the contents of foreign account management,transfer remittance,publicity and education,and improving risk business processes,it can provide reference for the improvement of China's banking prudential obligations.The fourth part is the proposal to improve the bank's prudential obligations.In order to promote the exercise of bank prudential obligations,the legal provisions should be improved,the management of bank accounts should be strictly enforced,and the legitimacy of bank emergency measures should be clarified.Secondly,it is necessary to put forward higher requirements for the linkage mechanism of the whole telecommunications fraud and the bank risk management business process at the legal level,and promote the bank to better fulfill its prudential obligations.The exercise of prudential obligations by banks is an important measure to effectively combat telecommunication fraud.By regulating the exercise of bank prudential obligations,it can play a role in reducing the probability of telecom fraud and safeguarding the interests of the masses of the society,and also plays a positive role in the construction of the social credit system.
Keywords/Search Tags:telecommunications fraud, bank, dedication and due diligence
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