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随着电子通信技术在金融领域的广泛应用,网上银行已成为金融服务的主要手段,其中小额电子资金划拨(Consumer Electronic Funds Transfers)业务是近几年金融业务发展和普及最快的业务之一。这个新兴的金融服务业务的出现不仅改变了传统的资金划拨方式,也对世界各国的金融立法产生了冲击。尤其当小额电子资金划拨中出现因欺诈而造成的损失时,其损失额如何在客户与银行之间分担,更是一个棘手的法律问题。本文将结合我国和国外的相关法律法规对这类问题进行探讨。
With the widespread application of electronic communication technology in the financial field, online banking has become the main means of financial services. Among them, the Consumer Electronic Funds Transfers business is one of the fastest growing and fastest growing financial businesses in recent years . The emergence of this emerging financial services business has not only changed the traditional way of capital allocation, but also affected the financial legislation of various countries in the world. In particular, it is even a thorny legal issue how the amount of the loss to be shared between the client and the bank when there is a fraud caused by the misappropriation of small electronic funds. This article will be based on the relevant laws and regulations in our country and abroad to explore such issues.