Research On Legal Regulations Of Market Access For Third-party Payment

With the rapid development of e-commerce market in China, the third-party payment system becomes an important part of online payment, occupying a huge market. "Blue Book of Chinese Third-party Payment Market", released by Analysys International recently, shows that in 2009 the annual transactions of domestic third-party payment market is close to 600 billion yuan, and Analysys International predicted that the scale of the transactions will break trillion in two years. However, for various reasons, the third-party payment has been in a gray area as a new payment. Since the beginning of its rise, there are no clear laws and regulations to provide it specialized supervision, no professional regulatory authority for its regulation. In the course of doing business, some third-party payment service providers may carry out many non-standard approaches, even some illegal activities like credit card cash out, money laundering and so on. In order to ensure the rapid and healthy development of third-party payment industry, as well as to ensure the standardized operation of e-commerce market, we must provide specialized legal regulations to third-party payment.In June 2005, the People's Bank of China promulgated the "Regulations for Payment and Settlement Organizations" (draft), to be implemented on market access for third-party payment industry. In February 2010, the People's Bank of China said that the "Regulations for Payment and Settlement Organizations" is expected to formally promulgated this year. Therefore, it is significant that studying the legal regulations of market access for third-party payment when our country is going to establish the market access system for it. At the same time, this choice of market access as the entry point to study the third-party payment system is also quite innovative and unique perspective, while many domestic experts and scholars focus on the legal status, liabilities, business regulation and risk regulation of third-party payments. In addition, the paper also scattered in our laws, regulations, rules, regulatory documents, local regulations and local laws and regulations on third-party payment of the relevant provisions of a more detailed sort.This thesis is to study three aspects:the first part is about market access for third-party payment and the basic theory of the legal system; the second part is going to study the legitimacy of market access for third-party payment from the national perspective, social perspective and personal perspective; third part is going to study the construction of the legal regulations of market access for third-party payment in our country:the legal background, the framework of the legal system, problems and recommendations.