Civil Liability Analysis Of Non-authorized Exchange In Electric Banking Business

With the fast development of China's electronic banking business, the exchange security problem is becoming increasingly conspicuous. Recently there're many disputes and cases reported on the stealing of customer's capital by non-authorized exchange in electronic banking business like online bank or self-service bank. It is for sure that the related criminal laws and penal statute are quite solid and the non-authorized exchanger will finally assume the criminal liability of larceny and collateral civil liability. But the related law or statute seem to be scanty on how to define respective rights & responsibility and civil liability after the non-authorized exchange arises as other participator in civil legal relationship of electric banking business. Therefore, this paper is aiming at doing a rough analysis on the civil liability of respective subjects (except for impostor) in non-authorized exchange in Electric Banking, in the reference from international legislation and dissertation of seniors, experts and craft brothers in domestic jurisprudential circle.The paper includes 4 chapters. Chapter 1 is a summary of non-authorized exchange in electric banking business with a general introduction on the concept, characteristics and category of electric banking business and non-authorized exchange and related legal significance. It explicates the major legal problems which will be discussed and analyzed in the following text by expatiating on the related concepts and legal significance of electric banking business. Chapter 2 illuminates the legal relationship involved in non-authorized exchange in electric banking business, analyzing the subjects, objects and contract obligation involved in legal relationship. It gives focused analysis on the particularity and legal characters of the four kinds of contract obligation, i.e. capital security exchange guarantee obligation, risk hint obligation, obligation of appropriate keeping of important information like identity and password, and obligation of timely notice after information exposure, which hints the following discussion on ascription of civil liability. Chapter 3 is the civil liability of non-authorized exchange in electric banking business, which is the highlight of this paper, from the point of confirming the liability principle of the civil liability of non-authorized exchange (strict liability as priority and fault liability as supplement), discussing civil liability apportionment among civil subjects by using the 2 legal relationships of breach of contract and tort and the theory of contract law and tort law to connect with the characteristics of electric banking business, from the point of view of debt implementation, excuse of liability release, plea of breach of faith and product tortuous liability. Chapter 4 is a legislation comparison among different countries and some suggestions, on the basis of comparing the legislation among USA, UN and EU, indicating the two defects of China's related legislation, i.e. too low of administrative levels and departments protectionism and then putting forward some pointed suggestions.The originality of this paper lies in the analysis of the civil liability of all legal subjects involved in the non-authorized transaction of electric banking business by combining the traditional theory of contact law and tort law with the characteristics of electric banking business, which activizing a more in-depth discussion on the legal problems in such a comparatively new field.