Research On Civil Legal Problems Of The Third Party Payment

In recent years, with the rapid development of e-commerce, online payment andsettlement amount showed a growth. But due to the lack of credit system, the virtualnetwork of commercial banks and the bank on the net is not effectively restrict thedevelopment of China Unicom, network transactions. In this case, the third partypayment is dense and hygiene.The concept of the third party payment, first proposed by Ma Yun in the2005World Economic Forum in Davos, Switzerland. With the rapid development ofChina’s e-commerce market, the third party payment as an important part of thepayment system, a huge market. According to statistics, as of December28,2012, atotal of197enterprises have issued by the central bank to pay the licence, and hadnot paid publicity licence enterprise still has more than20. According to Analysysestimates, in2015, China’s third party Internet payment transaction size will reach13.92trillion yuan, Internet payment account of1378million yuan, the scale ofmobile payment transactions will reach7.123billion yuan.With the rapid development of the third party payment mechanism, expandingmarket scale, it has become a very important part of electronic commerce andnetwork in the financial ecosystem. As the development of the industry, to amend therelevant laws and regulatory system has been crunch time.《Electronic signaturelaw》,《Electronic payment instructions (No.1)》,《Payment and clearingmanagement approach》 and other legal system have been introduced, from thelegislative point of view, to pay the original legal supervision blank area on the thirdparty supervision. The thesis attempts to civil legal problems of the third partypayment as the angle of view, to study the third party payment in our country.This paper consists of the article is divided into three parts. The first part is the third party payment platform overview. We first introducethe concept of the third party payment, distinguished some concepts and its related,similar to the. Secondly, on the current market mainstream third party payment modeare introduced, including the payment of channel mode, platform account mode.Once again, the third party payment process description, trying to clearly show thethird party payment process, each link operation rules. Fourth, on the third partypayment advantages and disadvantages are analyzed, which the third party paymentoperation mode in the present situation. Finally, draws out this article intends tostudy the third party payment mechanism defined.The second part is the payment of civil legal relationship involved in trading forthird party. All the participants in the first of this study clearly the third partypayment transactions. Secondly, the civil legal perspective, the legal relationshipbetween the third party payment each participation main body analysis, clear allparticipate in the subject of civil legal relations between the analysis, lay thefoundation for the function of the third party payment mechanism.The third part is the third party payment of legal status of institutions, thischapter through to the third party payment mechanism in the whole transactionprocess in the role, combined with the legal relationship between the parties involvedin transactions on section, based on the "general rules of the civil law","contractlaw","guarantee law" wait for me civil laws and regulations of the relevantprovisions of the analysis, the angle of civil legal functions. And eventually leads tolegal position of third party Internet payment agency.