Research On The Legal Issues Of The Liability 0f The Parties On The Electronic Payment

E-commerce is the trading activity online which use the tool of information technology and network technology and so on,involved the area of banking, insurance, taxes and so on. With the development of technology, e-commerce is Popular and innovative ,and electronic payments as an important part of e-commerce, is aslo development. As of the end of 2010, bank cards issued in China a total of 2.415 billion, an increase of 16.9% over the same period the growth rate acceleration of 2.2 percentage points, the national bank card volume 1.81 per capita. Cross-bank bankcard payment system to merchants are 2,183,000,and POS equipment 3,334,000 units, ATM 27.10 million units. Each corresponding to a bank ATM card was 8913, down 7.3%;and each POS corresponding to the number of bank cards was 724, down 15.6%.In 2010, a bank card business bring 25,756,000,000, an increase of 30.8%, compared with a year earlier, accelerating the growth rate 12.7 percentage points. This business bring the amount of 246.76 trillion yuan, up 48.7% over the same period the growth rate down 18.2 percentage points. At the same time, IResearch sort out Aite Group's latest study found that the United States continued to decrease in cash used .By 2011, the United States will reduce the cash used 35.41 billion dollars, by 2015 will reduce the $ 45,080,000,000, while continuing to reduce the principal use of cash .The reason is the prevalence of use of electronic payments. Electronic payments usually include Large-value electronic payment (also known as commercial electronic payment) and small electronic payment (also known as consumer electronic payments), this article focuses on the legal issues of small electronic payment. The parties of small electronic payments include financial institutions (ie banks), the card holder (ie, consumers), merchants (ie retailers) and the certification agency. The legal relationship between the parties is more complex, but in practice usually deal with the relationship as contract relationship . The financial institutions are often in a dominant position, but as a relatively weak consumer card holders, so the consumer's rights are not well Protection. In order to protect the interests of consumers, and to limit the abuse of financial institutions'dominant position, each countries make the necessary regulation of the legal relationship. However, look at our laws, regulations, rules, and normative legal documents, electronic payments in the interests of consumers be protected without special legislation, but also to some extent, inhibited the development of electronic commerce or electronic payment progress.Firstly, this article clarify the legal relationship of the electronic payments between the parties, and pointed out the influence of the electronic payments in the legal relationship between the parties according to the current law; secondly, analyzes the liability issues of the unauthorized payment of electronic payments and the error of the parties , before making special adjustments law in electronic payment, resulting in a fair and interests of law values such as being challenged accroding to the exsiting law;thirdly, refering the foreign legislative and other measures of electronic payment, then induction of foreign legislation regulating electronic payment to the idea of the road in order to provide our idea of electronic payment legislation;finaly,according to the deficiency of existing legislation, proposed countermeasures, and the adoption of legislation to improve our electronic payment division of responsibilities between the parties in the unknown, lack of consumer protection issues, go with the flow of the proposals put forward specific legislative perfect.We inadequate legislations of electronic payment,and the leagal's level was too low,so laws and regulations were not able to fully regulate parties in payment of legal liability. Consumer rights were not protected, so we needed improvement of the legislation, clear the legal relationship of the parties, specification electronic payment of the liability of the parties, to strengthen consumer protection.