Study On The Civil Liability Produced In Third-party Payment

The third-party payment has been widely recognized and popular in various countries and regions of the world since it was produced. It solves the electronic commerce credit and security issues, greatly reducing the risk of transaction, to achieve high-speed and convenient electronic transaction as a new payment model. However, it also exposes many problems that many civil disputes appear in the process of development. Based on the fact, it is necessary to study the civil liability of the third-party payment.The paper firstly starts from the concept of the third-party payment and describes the current legislation status in our country. Secondly, it does a detailed analysis on the civil legal relationships among the third-party payment institution, the user and the bank. Then it discusses the rights they should enjoy and the obligations they should bear to provide basis for dividing their civil liabilities. Thirdly, it deeply analyzes the defects in the civil liability system of the third-party payment in our country. It is mainly embodied in the following aspects. The legal status of third-party payment institution is not clear. There is a qualitative fault in the regulation on ownership of deposit. The participants’ civil liabilities are not clear. In the end, it puts forward some suggestions to perfect our civil liability system in the third-party payment. The suggestions include making clear that the third-party payment institution is a similar financial institution engaged in electronic money paying business, making clear that the deposit belongs to the third-party payment institution and making clear that every participant how to bear the civil liability. This paper hopes we can remedy loopholes in the third-party payment civil liability system according to study above contents, to realize the healthy development of the third-party payment industry.