Legal Problems Of China's Network Of Third-party Payment

With the advancement of technology, electronic commerce is changing the traditional business model and pattern in an unprecedented way, network trading volume increased year by year, online purchase their favorite products has become a new choice for many consumers. It is no doubt that payment of commercial activities is the most important part, efficient and reliable payment transaction is a measure of the importance of standards. But the traditional way of using the online payment often lack the security, safety and reliability in the defect, urgent need for online transactions safe and efficient use of both new ways, and the online Third-party payment came into being under these conditions.Compared with traditional online payment methods, the online Third-party payment has high reliability, low cost, high efficiency, and wide range of optional features. The online Third-party payment of real independence is rely mainly on two models of Independence and non-independent Third-party payment modes, providing payment gateway for online payment or credit intermediary. The development of China's online Third-party payment is relatively late than in Europe and America and other developed countries, but its momentum is still very fast. However, the rapid development of online Third-party payment has is a series of problems in reality, and the country in the Legislation of this area have a certain lag. Before 2010, the national online Third-party payment for supervision of the field there is no specific law, but simply rely on a number of laws have been enacted, and this state is unable to adapt to complex regulatory online Third-party payment area. Corporate nature of online Third-party payment fuzzy, pay interest on funds attributable to the precipitation, lack of regulatory bodies, tax evasion and crime-prone, are areas of our comparison highlights the online Third-party payment problem.For such a vague situation, the state enacted in 2010, "Non-financial institution payment service management approach"and the "Regulations". These two single laws are in the absorption of European and American countries on the basis of relevant experience, combined with the introduction of China's actual situation, and the country has also establishes a more scientific set of legal and regulatory system. "Non-financial institution payment service management approach " and the "Rules" to the People's Bank of China online Third-party payment companies, as regulators, and establish a relatively strict payment service access system, provides online Third-party payment business licensing system, announcement system; in terms of transaction security protection, and further strengthened the company's risk of online Third-party payment response and prevention capabilities, Provision for the establishment of the system and done in the consumer protection provisions in some detail.Certainly, the enactment of law can not cover everything, "Non-financial institution payment service management approach " and the "Rules" to some extent, the introduction of online Third-party payments and ease the problems, but to grasp the scale of the market access system, precipitation funds vested interest, a single bank deposit excess reserves and the establishment of a unified system of credit evaluation is still in uncertainty, these problems have yet to be legislation and practice in the future to further explore and improve.