The Research On The Civil Legal Issue Of The Third-party Payment System In Network

Twenty-first century, with the development and popularity of the Internet, online shopping appears to public as a new application. There is rapid development in E-commerce online transactions. In order to solve the security problems, also as so many online-users ask for a safe, fast and simple third-party payment for online transactions, and to achieve the purpose of avoid unfaithful and fraud in online transactions and regulate online transactions market, many third-party payment companies implement for online transactions with real-name certification system. However, there are a few regulations on e-business in our country right now, only existing in local and decrees. Thus the development of law on online payment is far behind the development of e-business. Many problems during online transaction can’t be solved. More problems appear on the real-name certification system. It will restrain the development of e-business and even influence the speed of economic development of our country. There for, it is necessary to draw up related laws on the payment part of e-businessThe real-name certification system is something new along with the development of e-commerce online transaction. In order to ensure the safety of transactions, the third-party payment companies offer the real-name certification system. There are more and more users have failed to get the real-name certification. As the largest third-party payment company in the domestic, Alipay’s work on real-name certification system has no meaning completely. Once the unfaith or fraud trading emerge, How to protect the both parties involved in online transactions?I want to study on civil legal issues of the real-name certification system in online-transactions through setting Alipay as a study sample. There are three objectives of this essay:the first is to introduce the real-name certification system of third-party payment; the second is to offer a overall depiction of legal liability for third-party payment in the real-name certification should; the third is to provide some reference and suggestions.This essay is divided into five chapters. The first part deals with the concepts and basic theoretical issues of the third-part payment system, meanwhile.discusses briefly its emerging causes and development process and coupled with legal relations; The second chapter analyzes the legal characteristics of the third-part payment, and point out its legal position and the way of regulatory; The third chapter set Alipay as the study sample to discuss its rights and obligations in the real-name certification system; The fourth chapter is aimed to come up with some proposal for monitoring legislation. This part is focused on how to balance the risk, to protect the interests of both sides and to promote the development of the third-part payment; The fifth chapter is a summary of this essay.