중국 인터넷뱅킹의 안전보장 법적 문제에 관한 고찰

Abstract

Stealing occurs frequently in account funds of internet banking. For the laws and regulations' lag and related legal system's lack, customers' interests haven't been treated properly. Eventually it will influence the long term development of internet banking. If the judicial interpretation on security obligation is applied to legal practice, security of internet banking can be resolved in a better way, which can also balance the interests between internet banking and customers. Maximum stored value is an efficient way to control risks of internet payment by electronic money, and electronic money involves many complicated private and public law issues. After discussing the definition and legal nature of electronic money, this paper focuses on private law issues such as legal relationship, finality, adverse claims, issues in counterfeit electronic money, obligation of redemption, and public law issues such as legislative objectives, qualifications of issuing institution, supervision and anti-money laundering of electronic money.