Study On Legal Issues In Supervision Of The Third Online Payment

With the development of e-business, more and more people have come to use the third online payment. But up to now, there is no legal provision about the third online payment in china. Absence of supervision measures and system results in devoid of supervising condition on the third online payment. Consumer and supplier of the third online payment are all at risk. Whereas this condition, supervision of the third online payment is chosen as the research subject of this thesis.USA,EU and some developed countries of Asia have tried in Supervising of the third online payment. This thesis studies these experiences, and summarizes our country's practice. It analyses the legal nexus on the third online payment, and searches out the legislative predicament. Finally it puts forward the solution proposal thereof. Author hopes that supervision on the third online payment can promote Chinese e-business as well as the healthy development of the third online payment.This thesis is divided into five parts:The first part theoretically analyses and summarizes the present situation of the third online payment. Author has attempted to define the third online payment. Combined with Chinese present situation of the development of the third online payment, author analyses the development's course of the third online payment pattern, and describes the guarantee account pattern and the pure account pattern. Taking"Alipay"as the example, author demonstrates the procedure of the third online payment.The second part analyses the legal subject on the third online payment and illustrates their legal nexus. Author elaborates his opinion on legal localization of the third online payment platform. Then, author analyses and summarizes the legal nexus among the third online payment platform and the using parties, bank, online transaction platform.The third part analyses the risk which the third online payment brings about. Author analyses network security, financial illegality , unfair competition, monopoly, as well as risks of fund precipitation on the third online payment, and explains the necessity of supervisionThe fourth part analyses the present development situation of supervision on the third online payment oversea, introduces the American and European Union's legal framework of supervision, as well as the legal measures of supervision that provide reference for our country's supervision legislation, and introduces Chinese present situation on supervision of the third online payment, analyses Chinese insufficiency in the third online payment supervision.The fifth part firstly analyses Chinese legislative predicament on the third online payment legislation supervision, and puts forward advises of solution thereto. Moreover, the thesis concepts legal principle of supervision on the third online payment of China. Last but not the least, the thesis puts forward the solution proposal to the major problems of supervision of China.