| Compared with the traditional banking, Online banking for the information, and internet technology applications with its unique attributes, than traditional banks has been made in all aspects of the unique advantages, but also with the risk of a new connotation to bring a severe challenges for banking supervision. As a brand-new mode of operation of banks, Online banking in our country is now at the preliminary stage of development, Online banking, the process of its establishment and development, increasingly have more and more legal issues, with the risks of online banking and supervision of the most pressing issues. And the current regulatory system is not enough to face online banking, and formed a blind spot monitoring the legal system, the financial regulatory authorities face the most difficult issue is how to change or adjust the regulatory system, and build online banking supervision law system. However, the academic community on the forefront of system problems, the lack of in-depth discussion. This article is in this context that the risk from online banking and Internet banking business as the legal issues involved in perspective, and examine the legal regulation of Internet banking inadequate, and try to China's existing online banking supervision to improve the legal system. Based on the online banking and the legal analysis starting with the basic characteristics of the online banking clear legal relations on the basis of uniqueness of the risks of online banking and online banking in the main legal question of how to final adoption by the State and more mature inspection Online banking supervision in the legal system in China's Internet banking existing problems, and on how to improve the regulatory system for Internet banking sys tem. Based on the online banking and the legal analysis starting with the basic characteristics of the online banking clear legal relations on the basis of uniqueness of the risks of online banking and online banking in the main legal question of how to final adoption by the State and more mature inspection Online banking supervision in the legal system in China's online banking existing problems, and on how to improve the regulatory system for online banking system.There are four parts:The first part is an overview of online banking, online banking has two major areas. First, the definition of online banking, the distinction between a narrow and broad online banking online banking, and the second is the development of online banking and its merits, the main advantage is low-cost, convenient, high efficiency and will help our customers and our own development bank and gave a briefingon chinese foreign and the development of online banking, online banking to the people on the overview of the formation of awareness. The second part is about access to online banking and the risk in China. Access to Chinese online banking, Online banking requires corresponding to the start-up conditions and strict examination and approval procedures. Then the risks of online banking carried out a detailed analysis. Online banking there are many risks, such as credit risk, interest rate risk, liquidity risk, price risk, technology risk, and so on, on the whole, can be summarized into two categories: illegal risk and legal risk.The third part has five aspects of Internet banking services in the major legal issues.(1)The legal relationship between online banking and the client, in essence, still a contractual relationship, the contract the two sides should assume their corresponding rights and obligations.(2)Signature and authentication. "People's Republic of China law on electronic signatures," for people to the promulgation of the use of electronic data messages as evidence to defend themselves may be provided, and the traditional scope of the contract extension to the virtual network space. Application of reliable people to sign the electronic signature of the electronic documents, electronic signatures and handwritten signatures on with the same legal effect, the parties could be based on the electronic version of the contract to claim their rights and obligations.(3)Evidence of transaction. United Nations Commission on International Trade Law and the United States respectively, the legal provisions for an objective and factual data messages as evidence of the effectiveness of transactions has been recognized by the evidential value of data messages, and China's legislation has not yet been clearly defined data messages and the legal status of evidence that the specific requirements, but will be in contract law as audio-visual materials, making data messages classified as evidence in dispute. However, the data message as the value of the evidence must not be ignored, it's paperless electronic transactions in the process, in order to facilitate electronic transactions in the speedy settlement of disputes and reduce dispute resolution costs play an important role.(4)The issues of client's rights. It need special protection according to the characteristics of their online banking, particularly for networks to pay more attention to privacy. Privacy issues because the network has become one of the biggest legal issues, in-depth as the Internet increasingly occupied all areas of society, the traditional network privacy and the privacy of the Civil Code as compared with new features, Internet privacy issues have been banks and closely related to the development of e-commerce.(5)Imputation principles and legal accountability. Through the electronic payment of civil liability of online banking in the main attribution, attribution principles and elements of composition analysis, analysis and research on the electronic payment of civil liability for online banking responsibilities, the scope of responsibility, from a theoretical perspective and the perspective of practice on the electronic payment of civil liability in a nutshell Internet banking system and a detailed exposition.The last part is improving chinese online banking supervision legal system. First of all online banking supervision on the need for analysis. Internet banking has not changed the fundamental nature of the banks, and its traditional banking model has brought new challenges, so their supervision is necessary and urgent. Second on the developed countries and the major international Internet banking supervision in the legal system. United States laws are fairly well developed e-commerce, e-banking development, which is the most basic legal safeguards, and in this formed on the basis of market access, risk management, and so on-site inspection of a more complete legal system for banking supervision online. Hong Kong is the Asia-Pacific region the most advanced Internet banking, online banking supervision framework of the legal system after years of the building has also been more comprehensive. Summed up in the United States and China's Hong Kong region in the monitoring system, monitoring, supervision of the legal system, and so on the basis of successful experiences, the paper reached in the final against China's legal system online banking supervision sound 4:00 measures: First developed "Internet Banking Law," will be Internet banking parties and the legal relations between the rights and responsibilities clearly defined, as well as regulatory principles and punitive measures to make specific provisions of the Internet is transforming China's banking institutions-supervision system, and adopted the regulatory supervision functions of the main mode of alternative regulatory regime currently in place in China, "the operation and separate management" regulatory regime, combined with the general international experience and China's specific national conditions, strengthen supervision system, and take coordinated supervision departments the road is to establish and perfect three Internet banking mandatory information disclosure system, the Basel Committee on Banking Supervision announced in 1998 entitled "Improving transparency of the banks" guiding document for the proposed six major banks to disclose such information: Performance , financial situation, risk management policies, accounting policies, risk management and internal control structure. China can develop its Internet banking reference to specific rules for releasing information to facilitate banking customers and investors to fully understand the operation of banks and also enable regulators promptly identify problems and take measures so as to the prevention of risks. Fourth, we should strengthen the construction industry self-regulatory mechanism set up online banking association. Industry self-regulation can be developed through its flexible, rules that industry self-regulation of banking supervision to remedy serious lag in the legal system defects, with the strength of the entire industry statutory authority to promote the improvement of the monitoring mechanism. |
PDF Full Text Request