Research On The Legal Issues Of The Third Party Payment Of Network

The information flow,the logistics,the fund class are three important links in the E-Commerce domain.As the middle link on-line payment,is being the important and key function to the development of E-Commerce.In recent years,the development of on-line payment in China was extremely fast,the emerging electronic means of payment unceasingly appeared,on-line payment volume unceasing to enhance,and it gradually becomes the important constituent to retail sales payment system in China. Especially in recent two years,after the on-line bank appeared,the third party payment platform,which established a neutrality,equality,convenient,low cost massively emerged.It transfers way between merchant and customer,breaks through the E-Commerce development payment bottleneck.It is becoming the important and beneficial supplement form of on-line payment.But it is worth paying attention,on-line payment legislation in China is obviously lags to the development of the market.Looking over the present law in China,it lacks on-line payment legislation much,and it is only restricted in some department rules, regulations and policies.Regarding to the problems of third party payment,such as legal status,supervising and management and other problems still have no direct law. Therefore,research and reference international correlation legislation to improve the legislation in this field in China is imminently.This article takes the third party payment as an angle of view,preliminary discusses on-line payment in China.And suggestions will be given to improve legislation by unify China's condition and legislations abroad.Except the preface and conclusion,the article is mainly divided into four parts.Chapter 1 introduces the elementary theory of on-line payment,explains the concept and basic patterns of on-line payment,which lead to the concept and the parties of the third party payment.Chapter 2 introduces two main patterns and the process of payment of the third party payment,takes PayPal in America and Alipay in China as examples.Based on this,analyzes the legal relations between the parties.The research of this chapter is prepared for the typical problems of the third party payment. Chapter3 elaborates the legal issues and financial risk of the third party payment. Through the situation of on-line payment law,pointing out the lack and insufficiency in legislation,at the same time,introducing The directive of E-payment(No.1) and Measures for the organization of payment and liquidation,emphasizing that we should speed up the legislation of the third party payment.Afterwards,analyzing the problems that may probably come out from two main aspects,which are the legal problems and financial risk.Chapter 4 puts forward some counter-measures based on the experiences of foreign countries.As the further development of E-commerce,it is urgent that strengthen the management of the third party payment,build a harmonious environment for on-line payment.