Studies On The Legal Responsibility Of Third Party Payment In Electronic Trading

Electronic commerce plays a crucial part in the national economy and society information, and moreover, the security and efficiency of the mode of payment is the most important key of the development of electronic commerce. After the problems of capital flow in electronic commerce are better sovled, third-party payment has become mainstream mode of payment in B2C (Business to Customer) and C2C (Customer to Customer). The indefinite station of third-party payment has restricted the further development of B2C and C2C. Meanwhile, because the interrelated laws are lagging far behind the development of the market, vacuity of legal responsibility exists in many aspects. Therefore, it becomes extrememly urgent to research into the relative laws of the occident and perfect the laws and regulations of the mode of third-party payment in our country's electronic trading through combining our country'basic condition with the characteristics of electronic commerce.By taking apart the interests of the participants in third-party payment, this thesis applies empirical analysis, normative analysis and comparative analysis to educe all kinds of problems and risks in third-party payment at the present stage in our country. In order to make the legal responsibility of the interrelated subjects clear, the thesis analyzes the legal nexus among all participants in detail. It is hoped that these analyses will be some help to the legal supervision and legislative proposals in third-party payment.Although third-party payment platform always considers itself as an intermediary, it has got involved in a lot of franchise operation in the process of collecting money, payment and holding money in trust for another agency. This professional work originally belongs to the scope of business of the banks, and there is slightly inadequate credit and security in third-party payment operation. So first the legal position of third-party payment platform and the multiple participants'rights and obligations should be clear-cut. Asymmetric information brings about the inequality among the participants, but the interests of the disadvantaged part can not be protected sufficiently on the basis of the current laws. The mighty part does not perform its duties and the disadvantaged part can not get enough protection. If this situation is left to take its own course, it will not only mean to kill the goose that lays the golden eggs and probably increase finacial risks but also destroy the development of electronic commerce in our country. Through a comparative analysis of the occident legislation and the experience of interrelated supervision, a proper criterion of liability in electronic trading is put forward in view of protecting the consumers' interests in this thesis. And in addition to the performance of the doctrine of presumption in third-party payment.Finally, a proposal for the legislation in third-party payment of our country has been presented in this thesis.