Research On Legal Issues Of Third Party Payment

With the continuous development of the social and economic life, and the continuous improvement of network communication technologies, business electronization has become an irresistible inevitable trend, online shopping has been acceptable by more and more netizens, and online shopping market is growing continuously. Such a market lives with the third-party payment, the core part of e-commerce. According to analysis on the industrial trend, the entire third-party payment will continue developing both in scope and in depth, and will be extended to a wide variety of industries including insurance, aviation, ticketing, fund, real estate, and cove various fields from B2B, B2C, C2C, online games, tourism, education, living services, utilities payment. However, the third-party payment not only brought to us speed and convenience, but also brought to us a series of problems like policy risks, hidden security troubles. On the other hand, the laws and regulations regarding the third-party payment is still absent in our country. Compared to the current high-speed development of e-commerce, the third-party still falls behind. How to maintain the normal operation of the third-party payment, and how to protect the legitimate rights and interests of both parties of the third-party payment are the issues worthy of good study. They played a crucial role in protecting trading order and promoting the robust development of China’s e-commerce industry. Hence, the study on the legal issues of the third-party payment is of both far-reaching theoretical importance and imperative realistic importance.The thesis mainly applies research methods of analysis and comparison as well as criterion research, which is divided into five chapters. In the first chapter, the characteristics of the fundamental conceptions and types in the third party payment as well as transaction processes are described; existed cyber security perplex in the rapid development of the third party payment market in China as well as the competition with traditional payment are recommended; legal relations of bargain, custody, commission and others contained in the third party payment are analyzed.In the second chapter, with the experience of the third party payment legislation in foreign countries, in the aspect of legislative technique and the establishment of information disclosure mechanism, the thesis puts forward that the third party payment in China is lack of foresight and needs to be resolved.In the third chapter, the defect of subject qualification in the third party payment has been discussed; the controversy of the legitimacy of the third party payment in current laws still existed and needs to be resolved; the ownership of sedimentary money and interests should be attributed to consumers, in terms of protecting rights and interests of consumers; combining with foreign experiences, the importance of privacy protection in the third party payment are described and measures to guarantee consent right and selection right of consumers, safeguard claim right of consumers and respect consumers’ proper right are stated.In the fourth chapter, the thesis mainly discusses the civil responsibility commitment in the third party payment and points out the application of doctrine of liability fixation of presumption of fault, which is specific to the commitment of the unauthorized transfer caused loss and constructively proposes to learn the security mechanism from Uniform Commercial Code to judge whether authorize or not.In the fifth chapter, the thesis analyzes the current situation of China’s legislation and proposes that it should definitude the concepts, stipulate the right and responsibility and allow the autonomous legislation in the third party payment legislation. With concrete legislative measures, it is need to speed up the construction of credit system and establish a dynamic legal environment in order to perfect the legal system of the third party payment.