| In the recent years, a brand-new type of payment method called InternetPayment relying on computers and internet appeared in China and becameone of the payment means in the financial field. Internet Payment methodhas brought people unprecedented convenience and quickness to fulfillpayment, solved the long-lasted problem confronted by the local electroniccommerce industry for payment, and also injected activator into Chineseweb economy for vigorous progress.With the wide adoption and fast development of Internet Payment, a seriesof law related problems and questions are floating onto the surface andrequiring for legal support and protection. However, besides a number ofstudies made on the academic level with regard to the legal issues ofInternet Payment, so far there is little work so related done on thecountry's legislation level. Meanwhile, the current laws and regulationsapplying to the traditional payment ways are not all applicable to thenewly legal issues yielding from Internet Payment. As such, the purposeof this paper is to discuss some key legal issues regarding InternetPayment by referencing to the PRC substantial laws and relevant lawsenacted in foreign countries.First of all, this paper provided an abstract of Internet payment,explaining its definition, purposes and the tools to realize its functions.Secondly, it examined and discussed four key legal issues surroundingInternet payment.First, legal relations of Internet payment. Under this section, the writerprovided a comprehensive introduction of Subject, Object and Substance,namely the rights and the liabilities. The writer believed that the rightsand the liabilities were the core of any legal relations as well as thepremises of examining legal issues. However, there lacked direct definingguidelines on rights and liabilities under current laws and regulations.Therefore, taking full consideration of the characteristics of InternetPayment and referencing to related traditional laws and regulations, thewriter attempted to provide an aggregated analysis of the issue and probedher own induction to this problem.Second, the security and protection of Internet payment. In this part,the writer illustrated the widely adopted technical measures that wereaimed to protect the security of Internet Payment, and the legislativeendeavors and successes in this areas of work in China. In addition, thewriter further proposed legislative suggestions on four aspects.Third, the validity of electronic proof or logs. Conferring with relatedregulations abroad, the writer proposed her idea to validate theacceptance of electronic proof or logs. The writer also suggested thatduring the transitional period before the legislation completes, it shouldadopt the notarization of electronic proof to help establish its legaleffectiveness and proof validity.Fourth, the legal liability issue. In view of the traditional legislationin China, the writer provided her own observation and conclusion on theprincipal of determination of liabilities and the scope of liabilities. |
