Online Banking Supervision Legal System

The application of the internet-technology in the field of bank in the 1990s triggered the appearance of the internet-bank. In the years that followed, the internet-bank has mushroomed. At the same time, there are no enough corresponding regulations of the internet-bank and consequently a lot of legal problems have been aroused. One of them is how to supervise the internet-bank according to the law.The internet-bank is the product of the technology update and financial innovation. It has unique features for the sake of the application of the internet technology and thus has incomparable advantages. However, it also brings new risk to the financial field and challenges the bank supervision. Following the rapid development of the internet-bank, the active legal regulations of bank supervision can not deal with a lot of new problems. The most difficult problem for the Bureau of Financial Supervision is how to alter or adjust the supervision system in order to make it meet the need of the supervision of the internet-bank so as to make the mass maintain their confidence in it, set up the financial order which require normative operation and fair competence and accelerate the rapid development of finance with the new technology. Therefore, it has become urgent to constitute the legal system of the supervision of the internet-bank without hesitance. In fact, such topic has been little touched and there is no in-depth and systemic discussion about it. Just with those considerations mentioned, this thesis studies the advanced experience of those countries and regions, where the internet-bank is advanced and the supervision system is mature, and makes research on the way to constitute the legal system of the supervision of the internet-bank in China.This thesis consists of three parts with total 50,000 words.The first part: The Internet-bank and the Challenge facing the Legal System of the Bank Supervision. This part first defines and analyzes theconcept and features of the internet-bank, then discusses the connotations and characteristics of the new risk brought by it to the financial system. Finally, this thesis points out the necessity and imminence of the constitution of the legal system of the supervision of the internet-bank after illustrating the challenge facing the active legal system of the bank supervision.The second part: The Comparative Study of the Legal System of the Supervision of the Internet-bank and the Revelation. This part briefly introduces the general situation of the legal system of the supervision of the internet-bank in Europe, America and Hong Kong, analyzes it from the angle of macro legal frame and angle of micro system construction respectively and finally comes to three revelations about the constitution of the legal system of the supervision of the internet-bank: the legalization of the legal system of the supervision of the internet-bank is the base of the supervision of the internet-bank; the designing of the legal system of the supervision of the internet-bank should accord with the actual situation of the development of the internet-bank in a specific country or region with the consideration of the supervision tradition in the country or region; the constitution of the legal system of the supervision of the internet-bank should focus on the supervision of the market enter and risk.The third part: The Constitution of the Legal System of the Supervision of the Internet-bank in China. This part discusses the constitution of the legal system of the supervision of the internet-bank based on the analysis of the active legal system of the supervision of internet-bank in China. Using the successful experience of foreign countries for reference, this part assumes the constitution of the legal system of the supervision of the internet-bank in China from macro legal frame and micro system structure respectively and gives the author's opinions about some specific systems.