我国网上银行风险管理的立法思考.docVIP

PAGE PAGE 21 我国网上银行风险管理的立法思考 学 院： 专 业： 学 号： 姓 名： 指导教员： 摘 要 网上银行是 HYPERLINK / \t _blank 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。因此,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,如何完善国内现行的监管法律制度，以促进我国网上银行业务健康、快速发展，是显示对网上银行有效监管的必然需求。 关键词：网上银行; 风险监管；立法完善 目 录 引 言·····························································································································3 一、网上银行风险监管制度的概述··············································································4 （一）网上银行风险监管的概念················································································4 （二）网上银行监管制度的特点················································································4 （三）网上银行监管立法的必要性············································································5 二、我国网上银行风险监管立法存在的问题及其主要原因······································7 （一）我国网上银行风险监管立法存在的问题························································7 （二）我国网上银行法制体系中监管立法存在问题的主要原因····························8 三、完善风险管理立法体系的思考···············································································8 （一）关于网络银行立法原则的思考········································································8 （二）立法模式的选择及立法价值取向··································································11 （三）具体制度设计应完善的几个方面······························································13 结束语·····························································································································17 致 谢·····························································································································18 参考文献·························································································································19 引 言 自从全球第一家网上银行美国安全第一网上银行(Security First Network Bank，SFNB)1995年在互联网上正式营业以来，伴随着互联网技术的不断发展网上银行业务在全球得到迅速普及。网上银行源于“网络银行”，根据巴塞尔银行监管委员会的定义，网络银行是指那些通过电子通道提供零售与小额产品和服务的银行。网上银行是网络银行的一个重要组成部分。它是以Internet技术为支撑，以自己的计算机系统为主体，以互联网网页为交易平