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Online banking risks and their legal regulation
Author: HongXiangQun
Tutor: ChenLi
School: Fudan University
Course: Legal
Keywords: Internet banking Business risks Regulatory Legal Regulation
CLC: F832.2
Type: Master's thesis
Year: 2008
Downloads: 606
Quote: 1
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Abstract
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The 21st century is a computer network at the core of the information age, the digitization and networking are the characteristics of the times. With the development and wide application of computer and high-speed Internet, the information industry rapid development, and continue to promote the process of financial electronic, network banks came into being as a product of financial innovation - with its low-cost, high efficiency, convenient, The wide range of applications such as showing strong vitality, the highlight of the development of the banking industry in recent years, it appears to improve the efficiency of financial services. But, as the philosophy expounded, any things that are positive and negative sides. Internet banking is also due to the complexity of the basic environment of openness, technology, virtual and cross-border transactions, the laws and regulations of the uncertainties and other factors, they can both facing traditional banks have many business risks, but also faced with more complex technology than the traditional banking risks, and increase the difficulty of regulation. To the traditional banking sector, it has brought a series of institutional change and unprecedented opportunities for development, but also a variety of malicious attacks, security flaws in the system itself, the application software vulnerabilities, theft or change phenomena such as electronic information, these posed a grave threat and an unprecedented level of risk for banks reputation above everything. These risks also affect the banking industry stable operation of the ground to the existing legal system of financial supervision presented a huge challenge. Therefore, the prevention and control of the risks of online banking, to ensure the safe operation of the financial industry has become an urgent need to address new issues. In view of this, the paper integrated use of qualitative analysis, comparative analysis, and systems analysis research methods to study the legal regulation of online banking risk. In addition to the introduction, is divided into five chapters. The first chapter describes the generation of online banking concept, characteristics, types, trends. The second chapter in the first chapter based on further analysis of the various risks faced by online banking business development and risk characteristics, risks arising from the root of the need for intervention by the laws and regulations in this chapter not only presents a problem and initially prompted resolved The problem of the overall program. Chapter online banking involves legal relationship analysis, pointed out that the new legal relationship of the online banking presents a challenge to traditional law. Chapter from the micro-level (transaction safety regulatory laws making deep) for online banking risk analysis, this is mainly for the parties in terms of online banking transactions. Chapter from the macro-level analysis of the legal system of online banking supervision, pointed out that the national response to the problem of market access for online banking, persistent prudential supervision and exit mechanism to provide for, and to learn from international online banking supervision mature experience and inspiration, combined China's actual situation, the proposed measures and recommendations to improve the legal regulation of online banking. To sum up, as the network economy era novelty, online banking is still a lack of a corresponding system specification. It risks include the two parts of the technical risk and legal risk, from a legal point of view, the two aspects of the online banking transaction system and regulatory regime proposed how to improve the legal regulation of online banking proposal Finally, our future should develop a unified \Electronic Commerce Act, \
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CLC: > Economic > Fiscal, monetary > Finance, banking > China's financial,banking > Banking system and business
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