Third-party Payment Legal Issues Research

Rapid development of Internet technology changed people’s lives,electronic commerce is widely used to bring the vigorous development of the third party electronic payment. For general consumers,the third-party payment is not familiar with is a novel way of paying security and credit,but its peculiar to the rapid development of electronic commerce. In September 2010,the people’s bank of China issued "non-financial payment services management method"(order no. 2 [2010] of the people’s bank of China),the method also make third-party payment laws,but it is only from the aspect of public law to the regulation,in practice,there are many problems.In addition,the third party payment as a to provide the platform of purchase and sale,is closely related to the interests of both parties. Therefore,the study on the third-party payment has practical significance and necessity.This article is divided into four parts altogether:The first part is the third party payment of related concepts,this paper mainly discusses the legal concept and development of the third party payment,feature analysis and related concepts. Relatively better than in the "contract law" about the regulation of the third person,the third party payment can draw lessons from the existing contract law,to regulate trade behavior.The second part is the contrast of the rule of law and third-party payment abroad,by comparing the United States,Singapore,Japan and South Korea and other countries at the legislative level,the model for the third party payment development in China.The third part is the legal risks of third-party payment in China,the imperfect legal regulation of third-party payment regulation,law of third-party payment client money fruits attribution rules,transactions of the information security problems,is a few problems hindering the development of the third-party payment.The fourth part is the Suggestions to perfect our country third party payment,from the perspective of contract law and tort liability law,clear responsibility of all parties concerned in the process of transaction; To our country third party payment regulation put forward the corresponding improving measures; Clear ownership of client money fruits.