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The Research of the Legal Supervision of Online Banking in China

Author: HuDan
Tutor: LuoChuXiang
School: Beijing University of Posts and Telecommunications
Course: Civil and Commercial Law
Keywords: online banking virtual way of service risk supervision
CLC: F832.2
Type: Master's thesis
Year: 2011
Downloads: 221
Quote: 2
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Abstract


The internet technology in the application in the 90s gave birth to Online Banking. Compared with traditional banks, the Online banking is a new banking services and new financial business organization. Online banking has unique characteristics, such as aid of computer software system operation, management and operation of an open and may at any time, any point in any way out of business, financial and banking business of vehicle and replication costs can be spread, control, etc.Therefore, it’s up to demand that our risk supervision related registration of online banking business should be improved, to effectively prevent the risk of online banking, and protect the legal interest of customers, meanwhile, to supervise and control the risks that result from the nature of online banking, standardize and lead the health growth of online banking, in order to maintain the sustainable growth of financial industry.Banking supervisory problems is the focus of this research. The commercial banking laws, the electronic signatures law and regulations of the online banking for business management of temporary means of electronic certification services in the management measures such as yet undeveloped, therefore, we should also pay attention to the huge potential risks, which would be more complicated and diversified, compared with traditional banking. The construction of new laws and regulations in order to cover the Online Banking business and the risk issues would be essential at the moment. Coping with issues like this, the Basel Banking Committee gave the principles of managing the Online Banking risks and took the experience of foreign legal regulatory systems as reference, compared with our domestic experience and practice, raise up the problems of the incompetence of our regulation of Online Banking as well as personal suggestions. It’s suggested that the legislation in the future should consider the principles of moderation, flexible, up-to the development trend, create positive external environment, gradually improve the online banking registration, improve the whole financial registration system, and enhance the healthy and sustainable growth of online banking business.

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CLC: > Economic > Fiscal, monetary > Finance, banking > China's financial,banking > Banking system and business
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