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网上银行是网络技术进步与金融产业相结合的产物,它的出现给传统银行业带来了一系列的制度变迁和前所未有的发展机遇,同时也给银行业带来了空前的风险。这些风险在影响银行业稳健运行地同时也给现有的金融监管体系带来了巨大的挑战。因此,防范和控制网上银行的风险,保证金融业的安全运行就成为一项急需解决的新课题。目前,我国的网上银行业立法正处于起步阶段,但国内现行的监管法律制度不能实现对网上银行有效监管的需要。,因此,立足于本国的实际情况,对这一问题进行研究,以期对我国网上银行立法制度的完善做出一点点微薄的贡献。
Internet banking is a product of the combination of network technology and financial industry. Its emergence has brought a series of institutional changes and unprecedented opportunities for development for the traditional banking industry, as well as unprecedented risks for the banking industry. These risks have exerted tremendous challenges to the existing financial regulatory system while affecting the sound operation of the banking industry. Therefore, preventing and controlling the risks of online banking and ensuring the safe operation of the financial industry has become a new topic that needs urgent solution. At present, China’s online banking legislation is in its infancy, but the current regulatory legal system in China can not achieve the need for effective supervision of online banking. Therefore, based on the actual situation in our country, this issue is studied with a view to making a modest contribution to the improvement of the legislation system of online banking in our country.