Research On Legal Supervision Of Third Party Payment Platform

Nowadays people’s lifestyles are deeply influenced by Internet and they can buy commodities around the world on online shopping trading platform. Transactions online develop rapidly, which are inseparable from the support of the third-party payment platform. Different from the way that payment can only be achieved on their own Internet bank before, belonging to kinds of banks’card payment can be done on the third-party payment. The advantages of the third-party payment platform are obvious such as operated expediently and easily. However, for the third-party payment platform itself, some problems follow with its convenient transaction. Though The Non-financial Institution Payment Service Management Approach promulgated marks a milestone to fill the legal regulation of the third-party payment platform gaps in some way, the law relating to the third-party payment platform is not perfect and there are many issues to be further clarified. Therefore, it is still necessary to strengthen the legal and regulatory discussions on the third-party payment platform.Based on the thorough analysis of the interior legal relationship of the third-party payment platform, the credibility problems, financial problems, crimes by exploiting the third-party payment platform, consumers’legal rights and interests protection and other precipitation of legal regulation in our country are pointed out. Countermeasures to solve these problems are put forward on the basis of legal supervision experience in the field in Europe and the United States.First, in the market access system of the third-party payment platform, it is very important to give an appropriate standard, that is, market innovation will be hampered when the threshold is too high, while the funds security risks will be brought when the standard is too low. Therefore, in terms of market access existing in the area of the third-party payment platform, it’s proposed to lower the threshold appropriately to conducive to the development of the third-party payment industry. With the reference of the experience of Europe and the United States and also considering the China’s national situation, this paper proposes the precipitation funds should be kept in separate accounts, by which they can’t be misappropriated. Meanwhile it’s also a way to safeguard the legitimate rights and interests of consumers which is demonstrated in the following aspects, the right of consumer privacy protection, the right to know and macro legislation specific advises. Finally, the author states that real-name authentication of the third-party payment platform should be applied to solve money laundering and other illegal crimes by advocating the third-party payment censoring its application users with strict regulation. The author aims to provide the reference for the healthy development of the industry of our country third party payment platform through the analysis of the specific problems above and countermeasures put forward, and on the basis of perfecting relevant laws.