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手机银行作为网上银行业务的一种延伸,既覆盖了其全部的功能,又拥有其所不及的贴身便捷性,自出现以来迅速在市场中占据一席之地。而其独特的移动电子渠道的服务方式使其在业务运行的风险上具备一些特征,如传统的信用风险的增大以及特有的技术风险的出现,需加以特别关注。目前,我国现存的法律制度并没有对手机银行作出单独而系统的规制,而是分散规定在各类规章文件中。这种模式下的监管力度相对较弱,且并不适应当下移动金融迅猛发展的现实情况。因此,立法应当思考如何构建更为有效的手机银行规范体系。就其运行中的信用风险和技术风险而言,从风险所涉及到的相关主体的关系入手进行针对性的法律规制将是一种较为有效的风险管理手段。
As an extension of the online banking business, mobile banking covers both its full range of functions as well as the personal convenience it has enjoyed. It has quickly gained a market place in the market. And its unique service mode of mobile electronic channels makes it possesses some characteristics in the risk of business operations, such as the increase of traditional credit risk and the appearance of unique technical risks, special attention needs to be paid. At present, China’s existing legal system does not have a separate and systematic regulation of mobile banking, but decentralized provisions in various regulatory documents. Regulatory efforts in this model is relatively weak, and does not meet the current situation of the rapid development of mobile finance. Therefore, legislation should consider how to build a more effective mobile banking regulatory system. For the credit risk and technical risk in operation, it is a more effective risk management method to start from the relationship between the relevant subjects involved in the risk.