Research On Law Risk Problem Of Cross-border Electronic Payment

With the rapid development of internet technology and the deepening of the economic globalization,no matter what type of trade,online or offline,electronic payment has become one of the most important style in people’s daily life,the flourished development of electronic commerce supplies more extensive space for electronic payment using.For the cross-border business,the utilization rate of electronic payment has increased significantly in recent years,consumers and electronic commerce company at home and abroad even do the cross-border consumption and trade by the third-party platform,the cross-border electronic payment is inseparable with people’s daily production and life.The third-party payment agencies have also expanded their business areas to the cross-border payment market.The third-party payment industry begins to develop rapidly since 2006,however,compared with the rapid development of the third-party payment business,China’s relevant legislation and regulatory system in this field are lagging behind,especially the new type of cross-border electronic payment emerging,the problem becomes more apparent.Therefore,the risk and problem of the cross-border electronic payment are diverse in law during the course of developing and applying.Here we will mainly refer to information security,flowing payment,customer provision,foreign exchange control and insufficient supervision to elaborate the risks and problems in cross-border electronic payment,meanwhile,giving protection and control advices of law risks by application of law and discussion of my own views.The main laws are CONTRACT LAW,LAW ON PROTECTION OF THE RIGHTS AND INTRESTS OF CONSUMERS,COMMERCIAL BANK LAW,ANTI-MONEY LAUNDERING LAW,and NEW 40 RECOMMENDATIONS.It will do come out new law problems with the development of the economy and time progress,even though we have the law norm.So time consistency is indispensable in law.Not only we do the electronic payment according to the current laws,but to supplement the demerit in legislation and enforcement,also the problem caused by payment,it includes but not limited to the perfection of the rights in supervision and protection to the consumers,information sharing among regulators,to improve the security and stability of the global cross-border electronic payment from different respects.There are great theoretical and practical significance to study the law risk problem of the cross-border electronic payment,not only to our electronic business,but to the cross-border electronic payment.It can do improve the prevention and control awareness in cross-border trade law risk,meanwhile it also can promote the perfection of cross-border payment regulations.