Research On The Civil Liability In The Third Party Online Payment

As a way of electronic payment, the third party online payment depends on computer networks, the specificity of the network environment makes the third party online payment inevitably exist all kinds of risks in reality. Although our country has introduced many relevant laws and regulations, but most of them are aimed at supervising the third party online payment from the angle of industry regulation, the scope and extent of the specification is not high. Until the measures regulation of payment services for non-financial institution and related detailed rules issued, the situation has improved significantly.In real life, however,, the third party online payment involves a very wide range of civil and commercial disputes, and which is very difficult to deal with. In the final analysis, which is due to the lack of clear provisions of the civil liability in the legislation, at the same time, the academic research is relatively lagging behind, all of which make it difficult to define and distribute all parties' civil liability accurately after the disputes occurred. In view of this, this article will be based on the basic theory of civil liability, in order to specific research the problems of the civil liability in the third party online payment by comparing and practice, improve the civil liability system of it, and solve the difficult civil and commercial disputes.In addition to the introduction and conclusion, the full text is divided into four parts:The first part is the overview of civil liability in the third party online payment. First of all to define third party online payment, clear that the research object of this article includes third party Internet payment and third party mobile payment, and analyzes the legal relationship between different subjects, which is the basis for studying the civil liability of the third party online payment. Then, officially enter the study of the civil liability in the third party online payment, begin the basic research from its concept, characteristics and classification. Above all suggest that it is different from general civil liability, so it's necessary to study specially.The second part is study of the third party online payment of civil liability outside the country. Third party online payment originated from foreign countries. To study foreign related legal system is helpful for us to understand the studying object better. In this part, firstly, the article selects several typical countries and regions such as the United States, the European Union, Australia to compare the legislation. Then summarizes several advantages of foreign legislation, in order to provide reference for the future legislation of our country.The third part puts forward the existing problems of civil liability in the third party online payment in our country through comparative analysis.First, China's current legislation about civil liability in the third party online payment is not perfect, professional laws is too little, legislative levels is low, and more for regulation, lack of provisions on civil liability. Second, lack of clear liability principle in the third party online payment. Again, the third party payment institutions and banks abuse of exemptions is widely existed in practice. Finally, for two main payment errors caused of payment problems, payment with defects and unauthorized transfer, law of our country does not clearly defined the responsibility.The fourth part puts forward corresponding perfection measures aimed at problems of civil liability.in the third party online payment in our country. First of all, it is suggested that use special legislation pattern, improve the force of the third party payment law, and implement the idea of consumer rights protection in the legislative design, balance the weak position of consumers. Then, the liability principle can not be generalized, but should distinguish liability for breach of contract and tort liability. Liability for breach of contract still apply the principle of no-fault liability, tort liability is more reasonable to suit for fault-presuming principle, so that can not only balance the unequal status between both parties, but also not hinder the payment industry's healthy development. Again, we should strictly limit exemption provisions, the scope of force majeure can not be arbitrarily expanded, the Standard terms' legal effect should be distinguished. Lastly, the article mainly analyzes the civil liability in payment with defects and the unauthorized transfer. The article proposes that the third party payment institutions should bear no-fault liability in payment with defects according to the provisions of the contract, and the unfair clauses in the contract can't be used as a reason for exemption. In unauthorized transfer, the paper suggests to introduce "necessary safety procedures" and "consumer liability limits".The ultimate goal is to not only divide the responsibilities of all parties clearly, but also to achieve the balance of interests.