Research On The Legal Problems Of The Third-party Payment Platform’s Fast Payment Business

The development of fast payment industry brings convenience to people’s life,but due to the imperfect laws and regulations of the fast payment industry,the lack of supervision of government departments,the weakness of people’s risk consciousness,it leads to many new problems in real life,which affects the development of fast payment.For fast payment,the balance between payment efficiency and payment security has always been a hot topic in academia.However,there are still some deficiencies in the research of fast payment business in academic circles.In particular,the problem of the responsibility of the fast payment platform which is generated in the fast payment business,the customer’s payment security,and the default authorization rules adopted by the fast payment platform in the process of user information collection lag behind the actual development,the system design is not perfect.In view of this,this research will comb through the theory and the actual case the legal relations in the fast payment business,analyzes the present unauthorized payment responsibility mechanism,the customer preparation payment,the fast payment platform user Information collection default authorization rule existence insufficiency and draws lessons from the European Union.The experience system in the development of electronic payment in the United States combined with the actual situation of the development of China’s fast payment business,the paper puts forward the corresponding improvement suggestions for thelong-term development of fast payment escort.This article is divided into four parts,each part contains the following content:In the first chapter,the concept of fast payment and its relationship with similar concepts,the nature of fast payment platform and the legal relationships involved in fast payment are discussed in detail.In addition,the paper discusses the main legal problems and causes of the fast payment business,including the problem of non-authorized payment liability,the problem of customer’s payment system,and the problem of user information collection under the default authorization rules.Chapter two introduces the non-authorized payment firstly,and analyzes the reasons of the non-authorized payment,then introduces the international legislation of the non-authorized payment,and thirdly,from the main body of the non-authorized payment,the present situation of legislation,the market practice and the judicial practice,This paper analyzes the insufficiency of the responsibility mechanism of the non-authorized payment in the current fast payment business in China,and finally,puts forward some suggestions on the mechanism of the responsibility for the unauthorized payment of the fast payment platform.In the third chapter,we introduce the customers’ payment.Secondly,the paper analyzes the nature and interest attribution of the customer’s payment.Thirdly,the paper analyzes the risk of the customers’ payment under current legislation,including the risk of the misappropriation of the customer’s money,the risk of payment and the liquidation of the Bank.Finally,according to the risk arising from the payment system to propose appropriate measures to improve,in the case of establishing a full system of deposit and payment for customers,setting up level two accounts under the customer’s payment collection account,incorporating the customer’s payment into the individual savings reimbursement sequence,and establishing the deposit extension insurance system,reduce the customer’s risk of payment.The fourth chapter focuses on the legal issues of user information collection under the default authorization rules of fast payment platform.The default user’s consent to collect user information without user’s explicit authorization violates the provisions of relevant personal information protection law in China,violates the user’sright to know,choice and information control.It will assume the corresponding legal responsibility and put forward corresponding improvement suggestions.