随着电子支付产业在我国蓬勃发展,巨大的机遇背后也将潜藏着巨大的危机,当客户进行网上电子支付受到损失时,网上银行应承担什么法律责任,使用何种归责原则,这些都是亟待解决的问题。笔者认为,电子支付民事法律关系应该以过错推定责任为主,无过错责任规则原则与公平责任原则为辅。 With the rapid development of electronic payment industry in our country, there will also be a tremendous crisis behind the huge opportunities. When the customers are suffering from the loss of online electronic payment, what are the legal responsibilities that online banking should bear and the principles of imputation which are Problems to be solved. The author believes that the civil legal relationship of electronic payment should be based on the presumption of fault liability, the principle of fault liability rules and supplemented by the principle of fair liability.