Issues In Protection Of The Customers’ Interests On The Third Party Online Payment In China

With the development of electric commerce, a variety of new ways of payment and electronic payment tools are emerging. The third party online payment is developed under this background. The third party online payment mechanism is to establish a public trust intermediary between buyers and sellers, and provide guarantees to the credit of them in order to resolve the uncertainty of the risk of online trading. At present, the third party online payment in China mainly has two modes:namely payment channel model and account payment mode. The security account payment mode is widely used in the third party online payment mechanism, which is also the fastest growing mode. But in the security account payment mode, the legal relationship is more complex. Mainly includes contract relationship between buyers and sellers, relations between the two sides through the bank card agreement or online banking agreement with the bank business, cooperation between the third party Internet Payment institutions and banks and guarantee and agency relationship between buyers and sellers with the third party online payment mechanism. We want to explore is a key institutional relationships between the parties and the third party online payment. That is the third-party online payment of customer rights protection issues.Foreign third-party online payment developed earlier, so protecting the interests of customers in the system is relatively more mature. One of the most typical is the United States of America and the EU model. Both for the protection of the interests of customers mainly from the third-party online payment of a regulatory, legislative excess reserves of perfection and customer management, and also founded a number of specific systems consistent with their actual. The United States of America deposit extends insurance system is a good solution to the problem yields customer excess reserves, excess reserves allows customers to greatly reduce the probability of being misappropriated. EU allows third-party online payment institutions investing activities using customer excess reserves practices to improve efficiency in the use of customer excess reserves, the rational allocation of financial resources, these practices are worthy of our reference and learning.Not as the development of the third party online payment, the legal supervision of our country has been relatively backward, so the content on the protection of the interests of customers is also relatively lack. At present, China’s special laws about the third-party online payment are only "non-financial institution payment service management approach" and its implementing rules. But the content of these two regulations to protect customer rights and interests is still thin. Third-party online payment protected the interests of customers face many problems in practice. There are mainly related to the specific problems of form contract, the customer yields excess reserves ownership, accountability unauthorized payment problems, at the macro level there is lack of legislation, legal coordination, and monitoring and exit mechanism imperfect. The emergence of these problems make the protection of the customer rights in the third party online payment is particularly important.In order to change the current situation in the protection of the rights and interests of customer, we should fully learn the advanced experience of foreign countries and in combination with our country on the basis of specific conditions to strengthen the protection of the interests of customers. First, improving on third-party online payment related legislation and make it match with the existing legislation. Second, perfecting the supervision mechanism of third party Internet payment, formed the People’s Bank of China as the center, other multicultural coordinated supervision system. Again, from China’s actual establishment of a risk reserve system, guarantee system and the prior consultation system. Finally, for the third-party online payment market exit develop reasonable safeguards. In order to pay the agency of any problems in the third party network, damage the interests of customers can be reduced to a minimum. I believe that through this series of efforts, China’s third-party online payment customer rights protection situation will be further improved, the entire third-party online payment market will also be healthy and orderly development.