我国电子货币立法若干问题探析
发布时间：2018-11-23 11:40
【摘要】：电子货币是信息技术改革与网络经济发展的产物,其是继金属货币、纸张货币后出现的主要应用于小额支付领域的新型支付工具。电子货币具有便捷性、节约交易成本、提高交易效率等纸币所不具有的特性。我国的电子货币处在发展阶段,规则的制定必须灵活,不能太过于严格,规定过严会阻碍创新,抑制电子货币的发展。而如果规则的制定过于松散,可能会因存在的法律漏洞,导致电子货币市场混乱。目前,我国并没有一部完整的电子货币法来对电子货币市场进行规制,虽然有一些规范性法律文件来规范电子货币市场,但仍存在一些法律漏洞。本文首先通过对电子货币进行概述,以此来了解电子货币的内涵与法律特性,通过对其发展现状进行阐述,以及对电子货币的未来发展趋势进行描述,然后以我国电子货币立法现状为切入点,探寻由于立法缺失所带来的一系列问题,如：混淆电子货币、电子支票、购物卡、Q币的概念；消费者对电子货币缺乏信心；电子货币市场将成为洗钱活动的温床。作者旨在从立法者的角度去分析问题,为我国电子货币立法提出实质建议。在文章最后,作者得出结论：我国应当制定一部专门的电子货币法。
[Abstract]:Electronic money is the product of information technology reform and the development of network economy. It is a new payment tool which is mainly used in the field of small payment after metal currency and paper currency. Electronic money has advantages of convenience, saving transaction cost and improving transaction efficiency. The electronic money of our country is in the development stage, the rule formulation must be flexible, must not be too strict, the stipulation too strict will hinder the innovation, suppresses the electronic money development. If the rules are too loose, they could lead to electronic money market chaos due to legal loopholes. At present, our country does not have a complete electronic money law to regulate the electronic money market. Although there are some normative legal documents to regulate the electronic money market, there are still some legal loopholes. This paper first summarizes the electronic money to understand the connotation and legal characteristics of electronic money, through the development of its current situation, as well as to describe the future trend of electronic money. Then taking the current situation of our country's electronic money legislation as the starting point, this paper explores a series of problems brought about by the lack of legislation, such as confusing the concepts of electronic currency, electronic cheque, shopping card and Q coin; Consumers lack confidence in e-money; the e-money market will become a hotbed of money laundering. The author aims to analyze the problem from the angle of legislator, and put forward substantive suggestions for the legislation of electronic money in our country. At the end of the article, the author concludes that China should formulate a special electronic money law.
【学位授予单位】：广西大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.285
本文编号：2351477
[Abstract]:Electronic money is the product of information technology reform and the development of network economy. It is a new payment tool which is mainly used in the field of small payment after metal currency and paper currency. Electronic money has advantages of convenience, saving transaction cost and improving transaction efficiency. The electronic money of our country is in the development stage, the rule formulation must be flexible, must not be too strict, the stipulation too strict will hinder the innovation, suppresses the electronic money development. If the rules are too loose, they could lead to electronic money market chaos due to legal loopholes. At present, our country does not have a complete electronic money law to regulate the electronic money market. Although there are some normative legal documents to regulate the electronic money market, there are still some legal loopholes. This paper first summarizes the electronic money to understand the connotation and legal characteristics of electronic money, through the development of its current situation, as well as to describe the future trend of electronic money. Then taking the current situation of our country's electronic money legislation as the starting point, this paper explores a series of problems brought about by the lack of legislation, such as confusing the concepts of electronic currency, electronic cheque, shopping card and Q coin; Consumers lack confidence in e-money; the e-money market will become a hotbed of money laundering. The author aims to analyze the problem from the angle of legislator, and put forward substantive suggestions for the legislation of electronic money in our country. At the end of the article, the author concludes that China should formulate a special electronic money law.
【学位授予单位】：广西大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.285
【参考文献】
相关期刊论文 前1条
1 董红蕾;要对电子货币进行适度的金融监管[J];上海金融学院学报;2004年04期
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