Research On Legal Issues Of Online Third-Party Payment

In accordance with the characteristics of online transactions, online third-party payment provides a virtual account bundled with cards accounts which have online banking function. Through "charging", "extracting" services,it opens up a two-way fund flow channels between the real account and virtual account for online users. By escrowing funds in virtual account,receiving money on behalf of payee and paying on behalf of the payer, futhermore, by temporarily freezing the funds in virtual account, the third-party payer act as a credit intermediaries,thus successfully promote online transaction.According to whether or not to provide a virtual account,the online third-party payment platform can be divided into channel type and account type. Channel type provides an integration of a number of online banks for users to pay and provide payment gateway only. Account type provides users with a virtual account, and can be divided into security-trade type and pure-payment type.Pure payment type never participates in online transactions; Wheras, security-trade type serves as an credit intermediary role.which is our topic.From legal relations perspective, between the parties involved in online third-party payment is actually a series of contractual rights and obligations. From civil law perspective,in the virtual account at the platform,the temporary capital and the capital which is to pay for an online transaction should belong to the charger himself.as is same to the capital's interest.Furthermore,the security and moral risks caused by the capital should be monitored.Most of the contracts provided by the third-party payment platform are formatted ones.When the interpretation of the contract is deferent between contractors, "Not Conductive to The Provider" principle should be adopted.If the third-party payment platform use personal information Ultra vires,the profit he got from the action is Unjust Enrichment and this action is an violation of the consumer's privacy. From administrative law perspective,The primary virtual currency issued by a third-party payment institution may impact Chinese Yuan System and lead to financial risks and bring risks to the primary virtual currency holders. To resolve the prblem,the rights and obligations of the issuer and The holders should be clarified.In addition, The online third-party payment platform is based on the netwok, which is vulnerable to the attack,so the necessary supervision of the security risks should be carried out.From the criminal point of view, whether the third-party payment agencies is classified as bank is related to whether they infringe the criminal law. To define their character according to the type of third-party payment platform, thus defusing the risk of third-party payment faced by the criminal law.In addition, the hazards caused by online third-party payment, including money laundering, tax evasion and other financial crimes should be fully aware of and regulated;Laws and regulations related to online third-party payment are blank.To build the system,we should focus on four aspects:First, a clear regulatory body; second, a clear status of third-party payment agencies; Third, to standardize the payment processes; Fourth, to prevent the crime using third-party payment. Only after a deep analysis of specific issues, the specific rules can be designed, Which can both avoid risks and take advantage of the third-party payment.The timely introduction of third-party payment laws and regulations will lead to the third-party payment's spring day.The network economy will then flourish, which even have far-reaching significance on the revoluton of the future society and people's way of life.