Research On Unauthorized Payment Liability Of Third-Party Electronic Payment Service Provider

After several years of vigorous development in the field of third-party electronic payment,China has accumulated very rich practical experience.Third-party electronic payment has become an indispensable way of consumption and payment in national life.However,compared with practice,legislation in the field of third-party electronic payment still lags.Before the promulgation of the e-commerce law of the People’s Republic of China(hereinafter referred to as the "e-commerce law"),the third-party e-payment was mainly adjusted by departmental rules.China’s courts mainly relied on the traditional idea of solving bank card disputes to deal with third-party e-payment disputes.Judicially,the Supreme Court promulgated the Provisions on Several Issues concerning the trial of bank card civil dispute cases in May 2021,and the judicial interpretation also stipulated issues related to third-party electronic payment.However,there are still some problems in the regulation of unauthorized payment of third-party electronic payments in China.For example,in legislation,the definition of unauthorized payment of third-party electronic payment is not clear enough,the rules of user fault are vague,and in judicature,the rules of burden of proof for unauthorized payment of third-party electronic payment are unclear.Therefore,starting from the basic concept of unauthorized payment of third-party electronic payment,this paper investigates the current situation of legislative regulation and legal application of unauthorized payment in China and puts forward perfect ideas in the redefinition of unauthorized payment of third-party electronic payment,the optimization of the burden of proof and the reconstruction of user fault rules.