Studies On The Attribution Of Liability For Third-Party Electric Payment

The rapid development of information technology in network and communicaion has brought the huge transfromation for the financial service pattern, online bank was the main payment platform in the traditional online payment. Along with on-line bank and network merchant quantity and the scale rapidly expand, on-line payment behavior's scale also rapidly increases. Realizes on-line payment, signs agreement with various bank, installs each bank's authentication software, is tedious, the above pattern already can't meet the network payment's need obviously, therefore, the third party platform production between the bank and the website as the payment intermediary apears.According to the consults of Iresearch.com on the third party on-line payment market by monitoring: in 2011, the Chinese third party on-line payment market transaction scale amounts to 365 hundred million Yuan in the first quarter, surrounds the ratio to rise 3.2%, the increase scope achieves 102.6% compared to the same period. The rapid development of the third party payment organization depends on the still growing of the third party network commercial activities and on-line transaction, its convenient, quick, highly effective, nimble and economic has brought the enormous social efficiency. Meanwhile, along with third party payment organization's day-by-day increase, the market becomes the disorder, the market order urgently awaits the standard. Except for this, the most major problem in the security which widely pays attention is not the technology, but is each participation side legal liability is unclear. When discussion electron payment security, this point is often neglected.This thesis utilizes methods of empirical analysis, comparative analysis as well as laws and regulations analysis, obtains from the detailed analysis of all quarters litigant legal relationship in third party payment. Compared with American and other national related electron payment aspect's advanced legislative experience, was clear about the principle of the attribution of liability for third party electron payment in our country. At the same time, the thesis has analyzed the current third party payment related laws and regulations, discovers flaw, taking advantage, but undertook to the current our country third party payment all quarters litigant's legal liability has carried on the thorough elaboration.This thesis thought that third party payment transaction legal relationship mostly belongs to the contract relationship, but the consumer is always at the weak trend position. For the standard payment order, causes the transaction to carry on smoothly, must be clear about all quarters litigant's responsibility, we should adopt"the special protection principle"to the consumer, namely is suitable"the presumption of fault principle"in the transaction responsibility ownership, and establishes the transaction liability limit, like this can maintain the transaction fairness, and may promote the electronic payment industry healthy development.Finally, this thesis proposed the suggestion of improving the third party electron payment legal system, and tentative plan of cooperating with the Industral and Commercial Administrative Department, and advocated the construction of the system of credit and integrity in our country.