| With the e-commerce development, and the network information technology promotion, the way of transaction changes from reality to network, and the payment of online trading also began to electronic payment mode from the traditional payment. In the electronic payment, by third-party electronic payment institutions, as a representative of the payment broke the bank in the field of electronic payment monopoly position, the innovation of payment, convenient the cash flow, but also for the electronic commerce provides a convenient and efficient capital transfer service. But with the third-party electronic payment's prosperity and development of the business by contrast, our country in a long period to the third party electronic payment agencies are not effective supervision, which led to some in the third-party electronic payment service in the negative problems, such as the third-party electronic payment institutions is not clear, the legal status of the third-party payment services all legal relationship chaos, precipitation fund management problems, consumer protection, etc. The third-party electronic payment is not China's unique phenomenon, such as the United States as the PayPal establishs the earliest third-party organization, in the United States, the European Union, and other countries and regions under the different forms of laws and regulations. Our country in2010has issued a special on the third-party electronic payment services regulations the non-financial payment services management method and the detailed rules, to solve the third-party in the electronic payment from the relevant legal issues have positive significance. This article through to the third-party electronic payment services of some of the basic problems are analyzed, and finally compared to countries in solving related problems of the specific provisions shall apply and method in domestic legislation has been presented, based on the third-party electronic payment services perfect several Suggestions to promote our country's third party electronic payment the healthy development of the market.This paper's main part includes total four chapters. The first part introduces the third-party electronic payment in the relationship between law and analyzes the main parties parties to the rights and duties in the relationship between subjects, the paper discusses the problems for below other the matting.The second part of the main research is third-party electronic payment institutions of the legal nature problem, based on current of the doctrine of several mainstream analysis is introduced, and then the orientation of non-financial institutions most appropriate.The third part is the legal obligation research of the third-party payment and setting up the idea. From the perspective of the parties to subject, in combination with the foreign some experience and legislation, to a third party in the electronic payment of the main body of the parties to the legal responsibility, the article analysis under different situation of different responsibility problems.The fourth part is to the third-party payment of money generated by precipitation were discussed, and its funds to precipitate yields the nature of, the existing problems are discussed, and finally puts forward the fund to the regulation of ideas. |
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