| Along with digitized, electron development, the people in the trade,the investment, the financial domain widespread have applied the computer technology. But the computer technology unceasing development caused the financial payment settlement domain to have the transformation, the various countries has been all carrying out the financial electron, enhanced the efficiency, reduced the cost. The electronic fund transferred in the financial electron aspect plays the noticeable role.The electronic fund transfers divides into the commercial electron fund to transfer (large quantity) and the expense electron fund transfers (jot), the expense electron fund transfers the system although is smaller than the commercial electron fund in each volume of trade to transfer, every day but occurs the quantity very is actually big, the market economy effective movement often relies on to having good function the expense electron fund to transfer the system, therefore it in the social life function is obvious.The research adjustment and the consumer closely are connected the expense electron fund transfers the legal matter the necessity is goes without saying, the expense electron fund transfers the law not only to involve the bank law, the electronic commerce law, the consumer rights and interests protection method as well as the contract method comprehensive law domain, moreover at the same time it also the concurrently public law and the civil law characteristic, the expense electron fund transfers is very is also strong take the social public interest as the standard at the same time technical nature.Our country started in 1992 to implement "the golden card project" the strategy, wanted from this the impetus entire retail sales finance service electron development, the network swift and violent development which started from 1998 to speed up all the people advancement which the expense electron fund transferred. The popularization and in the life widespread application transfers which along with the expense electron fund, our country has also made the related legal rule to it, but because legislates late, moreover pitches up in the legislation to protects the bank the benefit, is insufficient regarding the consumer rights and interests protection dynamics, this is our country expense electron fund transfers the question which in the legislation exists.Transfers in the process in the electronic fund, did consumer's right of privacy protection question, how guarantee the fund transfers security as well as with it correlation question the and so one electronic authentication solution also waits for the research, our country also insufficiently also waits for in this aspect legal rule and safeguard dynamics carries on the consummation, otherwise obstructs the development which transfers to our country expense electron fund.The consumer rights and interests protection involves person's dignity, the value and society's fair and the unjustness, directly relates the economical development the quality, the speed and the society is stable and the comprehensive progress, the modern country gives all to it highly takes. Therefore, the adjustment expense electron fund transfers the legal system basis and the core also lie in protects consumer's benefit.Is treating the money market which must comprehensively open, each round card bank massive bank of issue card, hoped in abundance sends the card quantity through the increase to hold the market, the consumer is the core which the electronic fund transfers, each round card line had not thought through strengthens to the cardholder the protection, height hens cardholder's confidence, promotes the bank card industry development. The further development as well as transfers which along with the electronic fund holds the more and more important status in the daily life, we if do not change present this kind of condition, transfers the development regarding our country electron fund is very disadvantageous. In our country at present law as well as each scattered stipulation, regarding between the consumer, the bank, the merchant and all that main body legal liability stipulation is not clear about, some had not even stipulated, for legislation blank. When side benefit suffers injury, how should the responsibility undertake, the assignment not specific stipulation, or has the stipulation actually to lack may be operationalThis article writing goal is needs to be clear about is knowing the circumstances of the matter the power, the authorization has not transferred, the error processing procedure, the network security, as well as the right of privacy is violated and so on the aspect various main bodies responsibility shares the question, and emphasized protects the consumer benefit. Our country already started the comprehensive open money market, the overseas bank card on a large scale entered already irresistible. In this kind of situation, each round card organization hoped soon will formulate the explicit legal rule, will avoid because of the legal rule not being unclear the legal risk which but will possibly bring.The full text mainly by the introduction, the main text, the concluding remark constitutes. The introduction are partial, mainly includes the selected topic the background and the significance, this article basic writing mentality, the research technique and the innovation, domestic and foreign selects a topic regarding this research degree and main tendency.The main text mainly divides into three major parts. The first part of brief introduction expense electron fund transfers the fund a mental mode and to respectively is concerned between the side legal relationship to carry on the analysis. First divides traditional and the non- traditional two aspects the way which transfer to the expense electron fund carries on the introduction, transfers from traditional ATM to the Internet environment under appears newly transfers the system, is clear about our country at present the expense electron fund to transfer the main way. Then the introduction transfers to be concerned the side, mainly has main body and so on account organization, consumer, merchant, authentication organization, and elaborated how legal relationship various main bodies mutually can have. Thus pointed out the financial organ and consumer's legal relationship is most essential, and elaborated take this as the foundation the expense electron fund transfers to the consumer carries on the protection the necessity. This part of content also is took how the second part of center all quarters litigant's legal liability does assign and undertakes this question foundation.The second part for this article key point, separately to knows the circumstances of the matter the power, the authorization has not transferred, the wrong disposal procedure as well as the security and the privacy question carries on the elaboration, first introduced how overseas (mainly is US) is stipulates to these major problems, carries on the outline to its concrete content, how for instance appeared the question legal liability is shares, pointed out is worth place which profits from. Again uses the comparison the method to compare our country at present the stipulation and the procedure, carries on the evaluation, points out our country legal rule existence the in sufficiency. Finally through the model and the evaluation, in view of the insufficient aspect proposed consummates the suggestion.The third part to formulate our country expense electron fund transferring method suggestion. At present on international the consumer rights and interests protection which transfers regarding the expense electron fund mainly adopts two kinds of patterns, namely formulates the special family rules and regulations and the dependence business practice. In formulated the special family rules and regulations aspect, US walks in world front, they took the lead in1978 to promulgate "Federation Electron Fund To transfer Law" and "Unification Business Statute book" A4 arrange. It "Electronic Fund Transfers Law" take to protect the consumer as an objective, usually has the electronic bank time name of the consumer protection method. But England until now not yet transfers to the electronic fund carries on specially legislates, it transfers the unfair contract provision to the expense electron fund the control establishment in the business practice and take the paper system bill as above the tool payment system law. Chooses from our country legislation pattern looked, our country although is has the written law tradition the country, but at present has not certainly adjusted the specially legislation which the expense electron fund transfers, the correlation stipulation disperses sees in the rules and regulations and other standard legal documents. But our country mainly has not depended upon the business practice like English such to carry on the adjustment, but is through unceasingly consummates the realization in the legislation aspect the legal rules and regulations which transfers to the expense electron fund. Therefore, I believed, our country favors in the legislation pattern choice to formulating the special family rules and regulation sprotection.Finally is the conclusion are partial, explained this article the significance as well as the value are at.This article main innovation spot lies in: This article through if his country the actual operation and the legislation aspect comparison which transfers in the expense electron fund, unifies our country the present situation to carry on the analysis, pointed out our country the legislation deficiency, which contents for example mainly should include regarding consumer's protection; Our country in content aspect being short of is any; Security question and so on how shares, the right of privacy regarding the legal liability, transfers should process and so on, then proposes own perfect plan in view of these insufficiencies at the beginning of. And from macroscopic and the concrete aspect proposed balances between the bank and the consumer the benefit feasible suggestion. Best formulates an our country electronic fund to transfer the law.Certainly, in view of the fact that our country expense electron fund transfers the application insufficiently is also mature, therefore the author suggested our country the legislation should profit from American the way, on the one hand "Transfers Law in Expense Electron Fund" center to the related question Makes the quite comprehensive stipulation, on the other hand again through formulation concrete implementation rule or judicial interpretation to detail Performs the standard and the explanation, like this not only is advantageous to the guarantee law stability, also may aim at the electronic fund to delimit Dials the technological development quite quick this characteristic, at the right moment revises the concrete implementation regulation, causes legal the implementation to have Has may be operational. |
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