| In recent years, with the development of e-commerce in our in-depth, third-party online payment as a new, convenient way to pay online by consumers of all ages, but due to the current relevant laws and regulations for third-party online payment positioning mechanism is not accurate enough, third-party online payment institutions and the legal relationship between consumers and banks also open to question, and for third-party online payment of consumer protection laws and regulations is very fragmented and there are flaws and loopholes, coupled built on the Internet on the payment itself has a virtual, risk, can not be completely overcome the natural disadvantages of serious information asymmetry, so that consumers’ right to privacy and other legal rights of third-party online payment when making vulnerable unlawful infringement.The main purpose of this paper is that the analysis of the concept of third-party online payment and related consumer protection, location and relatively clear legal status of third-party online payment mechanism, to clarify between the third-party online payment institutions and consumers legal relationship, and then the main problem for the third-party online payment of consumer protection exist to explore, and in-depth analysis in the United States and the European Union, represented by national and international organizations in third-party online payment advanced legislation in the field of protection of consumer rights and experience obtained from the revelation last extraterritorial legislation combined with practical experience in starting and consumer protection of third-party online payment, with respect to third-party online payment consumer protection in China at Present problems and make specific recommendations opinion.This paper mainly includes four sections:The first chapter is a third-party online payment related concept of a consumer with a general overview. The first section of the concept of third-party online payment made a precise definition, and noted that the characteristics of the third-party online payment; secondly, to third-party online payment similar concepts were compared and explained clearly third-party online payment It is different from the network payments; and finally include a third-party online payment three different modes of operation. First Section on this concept for consumers to make a certain precise definition; secondly put forward the need to strengthen consumer protection in the third-party online payment; and finally, to clarify between the third-party online payment institutions and consumers legal relationship.The second chapter points out the main problems in third-party online payment consumer protection exist. The first section analyzes the consumer personal information security issues, manifested in lack of specific legislation to protect the legal system is not perfect, and lack of responsibility, etc; second section analyzes the consumer financial issues, the specific performance of financial security there is a risk provision for interest payment terms and unclear attribution error processing issues; Section III analyzes the third-party online payment mechanism information disclosure issues, manifested in the lack of information disclosure requirements and the legislative level and low dispersion, beforehand, afterwards disclosure system is imperfect and so on; IV analyzes third-party online payment mechanism dispute accountability issues, manifested in the traditional remedy deficiencies.The third chapter in-depth study of the United States and EU institutions to pay consumer protection legislation in the third-party online status for all kinds of analysis currently exists in this field, analyze and summarize the successful legislative experience, has brought our country to solve many Inspiration.The fourth chapter is mainly directed against our country set out in Chapter II of third-party online payment of consumer protection problems and with the United States and EU legislative experience and inspiration in this field, put forward specific suggestions. The first section gives some suggestions for the protection of consumers’ personal information security, including the development of specific legislation, clear consumer rights and interests of personal information, a clear legal regulation and the use of exceptions and other objects; Section II presents the consumer asset security protection measures recommendations, including the establishment of consumer protection and insurance protection fund system, a clear provision for attribution and improve the payment error handling procedures; third section gives some suggestions third-party online payment institutions to disclose information, the main focus before, afterwards and instant disclosure perfect enacted; Section IV presents a third-party online payment dispute settlement mechanism Suggestions mechanisms, primarily in improving the traditional remedies, while the creation of online dispute resolution mechanisms to protect consumer rights from infringement.In addition, research paper writing for different content targeted to take a variety of methods, such as reading literature, law analysis, investigation, theory and practice law, etc., and pay more attention to the different research methods and complementary coordinated to form a complete logical methodology stronger. |
