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The Study on the Legal System of Fiancial Pricacy

Author: XingLiLi
Tutor: LiJiaXun
School: Henan Normal
Course: Economic Law
Keywords: Financial privacy Legal protection System construction
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 45
Quote: 0
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Abstract


American scholar in 1890 first proposed the concept of privacy, the right to privacy is defined as a "being left alone without interference". Subsequently, the privacy concerns by people gradually, and recognized and protected by national legislation. With the development of society, especially in recent years, information technology and the rapid development of network technology, the bank customer privacy violation incidents have occurred, in the traditional sense can no longer meet the people’s right to privacy of their own privacy needs. In this case, the traditional privacy increases the mew entity, namely, financial privacy. The so-called financial privacy, refer to the information holder and the credit or transaction of its information dominance enjoyed by the control. The traditional theory of civil law, privacy is not a property belonging to the right areas of personality attributes. The traditional sense of financial privacy and the privacy of the biggest difference is that the financial privacy of the information involved with the Property, in a sense, can be used as a property that can yield big economic benefits. This is easy to be violations of financial privacy reason. Since China formally joined the WTO (World Trade Organization), China’s financial openness increased step by step for the development of China’s banking industry has brought unprecedented opportunities as well, with shares of domestic banks, foreign banks can accelerate the process but also for China’s banking industry has brought great challenges. Foreign banks can share the credit of the bank account and personal files, and many Chinese savers information, which raises the protection of financial privacy and even national financial security concerns and concerns. Therefore, the strengthening of financial privacy protection would be extremely important value and significance.In the Western developed countries, financial privacy protection system has gone through decades of development, these countries established through legislation in the area of financial privacy protection architecture, and formed a more mature and complete financial privacy protection system. However, the current situation, legal protection of privacy in the financial system has just begun, legislation on financial information-sharing is still relatively lacking, and existing legislation relative to the demand for financial privacy protection is far below standard. This will not only within China’s financial sector is not conducive to the exchange and sharing of information, Customers can also cause lack of proper protection of financial privacy. Therefore, referring to foreign law, the development of China’s financial privacy protection laws and systems is a priority. During constructing the China’s legal system protect of the financial privacy, on the one hand to learn from the practical experience of foreign legislation, We must also consider the foreign system’s compatibility and complementary, To fully take into account the legal traditions and systems of environmental, From the macro and micro aspects to consider privacy protection system of China’s financial arrangements, put forward practical suggestions for actions, to improve our system of legal protection of financial privacy.

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CLC: > Political, legal > Legal > Chinese law > China and France
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