Research On Civil Liability Of Third Party Payment Platform

The information age has arrived,and emerging industries are constantly emerging under the scouring of the times.The virtuality of the Internet makes the credit of both parties of the e-commerce transaction lack,and an intermediary is urgently needed to supplement it,and the third-party payment bank has entered the development stage.Third-party payment is efficient and convenient in all aspects of people’s lives.At the same time,the legal lag makes the legal problems caused by third-party payment not effectively regulated.At present,China’s laws and regulations pay more attention to macro-regulation on the adjustment of third-party payment,and there is no clear regulation on the legal relationship and civil liability of third-party payment.Facing the constantly changing and developing social reality,especially when there is a legal dispute,the regulation and adjustment of laws and regulations will be slightly fatigued.Due to the lack of laws,there are special considerations for third-party payments,and laws and regulations lack effective guidance in the settlement of disputes.In response to this problem,this article analyzes from the perspective of civil liability,based on theoretical analysis,grasps the civil legal relationship involved in third-party payment,and then analyzes the liability principle of civil liability,discovers the existing problems,and finally raises its own questions.the opinion of.In the first part of this article,I explained the background of the topic and the significance of the research.I sorted out the research on third-party payment and found that there is still a lack of the current research on the identification and improvement of civil liability for third-party payment.Therefore,the research theme of this article has theoretical and practical significance.The second part analyzes the civil legal relationship included in the third-party payment in China.There is a service contract relationship,fund custody relationship and credit guarantee relationship between the third-party payment and the bank;the civil legal relationship between the third-party payment and the user includes the legal relationship of entrustment,custody and guarantee.The third part analyzes the civil liability of third-party payment from the theoretical basis,and makes theoretical analysis on the principle of liability and constituent elements from the perspectives of breach of contract and infringement.The fourth part points out that the current status of the third party’s civil liability legislation has the problem that most of the norms have low level of effectiveness and lack of special legal norms.The status of the subject of civil liability,the principle of liability and the reasons for exemption are not yet clear.The fifth part puts forward suggestions on the problems existing in the determination of civil liability in third-party payment in China.Under the legal system related to third-party payment,it is clearly stipulated that the liability for breach of contract applies the principle of no-fault liability,and the presumption of fault applies in special circumstances;the tort liability establishes the principle of liability for the presumption of fault;how to clarify the exemption,it is recommended that the industry It is clarified in formulating the model of third-party payment service contract.The fifth part puts forward suggestions on the determination rules of civil liability in third-party payment in China.In view of the problems existing in the determination of civil liability in third-party payment in China,the legal status of the subject of civil liability,the principle of blame for civil liability in third-party payment,and the standard for determining the cause of civil liability exemption are targeted.Put forward suggestions to protect the legitimate rights and interests of both parties and promote the sound development of China’s third-party payment industry.