Research On Legal Regulation Of Third Party Payment Of Consumer Rights’ Protection

At present,third-party payment is growing rapidly,so the third-party payment of consumer protection and a series of problems followed.In order to protect the legitimate rights of consumers,the state has enacted a number1 of regulations to strengthen the regulation of third party payments.But these regulations are mostly economic laws and administrative laws and other public laws,rarely involved in civil laws and other private laws.Third party payment is the scope of adjustment of e-commercial laws,and e-commercial laws have the characteristics of integration of public laws and private laws,so in order to protect the rights of consumers effectively,public laws and private laws are indispensable.I try to combine the two to strengthen the third party to pay the protection of consumer rights in the legal regulation,in order to further enrich the relevant theories,and practice for the protection of consumer rights to bring inspiration.This paper consists of the following five parts:The first part mainly studies the basic theory of the third party paying the consumers.First of all,from the definition,the main model,legal attributes and other aspects of third-party payment to be introduced,then define the scope of third-party payment of consumers,and finally it analyzes the legal relationship between the third party payment institution and the consumers and the necessity of protecting the rights and interests of the consumers,thus laying a theoretical foundation for the following research.The second part mainly discusses the legal regulation of the protection of precipitation funds in the third party payment platform.The deposit funds of the consumer accounts are mainly misappropriated and the interest attribution is unknown.The central bank issued a "client to pay the deposit of centralized custody of the relevant matters notice" solving the problem of diversion of funds diverted more effectively.But the new regulations not only canceled the interest of the precipitation funds and the risk of not filling the precipitation funds.In order to solve the above problems and improve the utilization rate of precipitation funds,theauthor proposes to establish the deposit fund deposit system based on the interest of the deposited funds on the basis of the deposit system.The third part mainly discusses the legal regulation of the protection of consumer rights in the assignment of the third party payment error civil liability.There are many problems in the adjustment of the civil liability of the third party payment error,the lack of special legislation,the format contract signed by the third party payment institution and the user.The author puts forward his own ideas on perfecting the legal regulation of the payment of flaws and unauthorized payment of two types of typical payment errors.The fourth part mainly discusses the legal regulation of the third party to pay the protection of the right to know the consumers.In order to protect the consumer’s right to know,the risk disclosure system and the regulation of the format contract are very important.But "non-financial institutions to pay service management approach" and other laws and regulations on the risk disclosure system are too fragmented.I learn from the law outside the domain,from the initial disclosure,change disclosure,real-time disclosure,regular disclosure of four angles to enrich the system.Third party payment agencies providing the format of the contract cannot guarantee that consumers read carefully and really understand.The author proposed regulatory recommendations from three aspects such as the legislative regulation,administrative regulation and judicial regulation.The fifth part mainly discusses the legal regulation of the third party paying the privacy protection of the consumers.China’s current third-party payment of consumer privacy protection legislation is a lack of procedures for the collection of information,the user’s right to know,modify the right and other aspects of the provisions of incomplete issues.In view of these problems,the author proposes to refine the procedure for collecting information to consumers,implement the principle of information subject participation in collecting information,limit the scope of information collection of third party payment institutions,and improve the civil liability system of third party payment institution privacy infringement.