Research On The Civil Law Relations Of The Third-party Payment Based On The Internet

The Third-party payment industry based on the internet rises with the booming of the E-Business.In2013,the deal size of the third-party payment industry in China was53729.8trillion,the year-on-yeargrowth reached up to46.8%.Based on the Measures for the Management of Payment and SettlementOrganization and the Depository Method of the Provisions of the Customers of the PaymentInstitutions,the legal supervision and management of the third-party payment has initially formed inChina.But the whole theoretical research of the third-party payment was not in-depth,especially thethird-party payment involved in the civil legal relationship was rarely mentioned.This thesis states the concepts,the mode and the process of the third-party payment in the internetand tries to discuss the civil legal relationships between the third-party payment and the other subjectsupon the affirmation of the third-party payment institutions’ legal status of non-financialinstitution.Distinguished with the system and summarize discussion methods of the previous scholars, thisthesis is discussed based on the behaviour of different legal participation,and comes the followingconclusion:in the aspect of the funds transfer,between the customers and the third-part paymentinstitutions shapes a kind of Commission Contract Relationship;in the aspect of the fund depositary,it is aMixed Storage Contract Relationship,in the payment methods of the credit guarantee,it is a GuaranteeContract Relationship.Besides,there is a type of relationship between the third-party payment and theBanks:the Service Contract Relationship.On the basis of the above analysis and according to the existinglegislation on the third-party payment,this thesis also gives its own point:the civil legal relationshipbetween the customer and the third-part payment institution decides that the ownership of the precipitation capital in the third-part platform should belong to the customer;in the use of the precipitationcapital,we can reference the practice of the U.S. and the EU,prescribe a limit of the amount and the fieldsto the third-party payment institutions when the precipitation capital to do some investment.so that on theone hand we can ensure the safety of the customers’ money and on the other hand,the third-party paymentinstitutions can get the most out of the precipitation funds’ economic value;in the belonging of the fructusof the precipitation funds,we can take the service of the third-party payment institutions as theconsideration to make sure that the fructus should belong to themselves.And draw the practice of the U.S.in the use of the frutus,we can restrict that the third-part payment institutions must take a certain percentof the frutus to buy the insurance of the precipitation,in case of the potential risk.Our government shouldhold the encouragement and the support attitude to the exist of the third-party payment institutions so asto pull its development and innovation better.The main structure of this thesis is as follows:The first chapter primarily leads the research object out.It overviews the third-party payment basedon the internet.Next comes to the second chapter which discusses the two basic legal issues involved inthe third-party payment. Firstly,define the legal status of the third-party payment institutions.AndSecondly,comb the civil legal relationships between different subjects in the payment one byone,including the customers、banks、and the third-party payment institutions.In the final chapter,it statesthe present situation of the legislation and points some existing problems in the legislation.Then,the thesisgives some suggestion to the development of the third-party payment combining with the related foreignsystem and practice.