析中国电子银行业务中未经授权交易的损失承担

On interpretation of loss from unauthorized transactions in China’s e-banking business

Though China’s present multi-level legal rules have provided necessary guidelines to assumption of losses from unauthorized transactions in e-banking business, such problems as lack of cohesion among legal documents, unified processing of clients, lack of clear principles of imputation, and disconnection between legal provisions and practices have in fact constrained the in-depth development of e-banking business. Thus, correct philosophies shall be adhered to and carried out on the basis of dialectic criticism and meanwhile, the specific institutional designs shall be further improved. Li Siqi, Ph.D, is a professor of Law at Hunan University. Prof. Li, specializing in financial law, has released 60 research articles or so. He is of the view that the practicability of law has made it certain that study on law should stick to the society-to-society rule, though scholars relatively emphasize rule-styled legal research and holds that financial law is composed of public law and private law. Moreover, the financial sustainable economic development means that the tenet of financial law centers on safety, but not absolutely on profit; and the relation of financial and legal innovation should not be considered only in the framework of financial law. The propensity of interest pursuit of capital will not only unduly affect assessor’s judgment, but it should be under the legal freedom. Only being coupled with abstract theory of freedom doctrine, China’s financial legal innovation may be clear. Thus, the legal research should not only stick to conventional legal value, but extend to the financial safety.