Study Of Third-party Online Payment Liability Issues

With the fast development of the E-commerce in the 21st century, The development of network market strengthens further. safe and convenient third-party online payment are used as the network trade settlement by more and more people, becoming the main payment mode of network transactions.□At present, our country's legislation related third-party online payment is slower than the speed of market development. So it brings certain restrictions to benign development of the third party online payment. So we need urgently to improve the relevant legal system and regulate the online payment of the third party, to promote our country's third party online payment and the whole e-commerce further development.By the way of using civil law, commercial law and other relevant laws theory In this paper, combining our third-party online payment development present situation, and taking induction, analysis and other methods to analyze all kinds of legal relation in third party online payment. The paper mainly discusses the existing all kinds of law in the third party online payment in China, giving suggestions in order to perfect party online payment legislation.This article is divided into five parts.The first part is based on the situation of third party online payment, by the way of analyzing the practicing procedure, trying to give the basic meaning and the classification of the third party payment.then revealing the substantial risks.The second parts analyzes the existing online payment of third party on the basis of reasonable advantages, denying the subject qualification of intermediary business in the third-party online payment, and confirm the third-party online payment as non-bank financial institutions, thus delimiting the legal status of third party online payment into regulatory scope of settlement organizations.In the third and fourth parts, the paper analyses all the relations in the third party online payment. Then coming to the conclusion about the right judgment of Internet imputation principle and effect problem format clauses, and mainly discusses science-induced exists in third-party online payment for money safety and precipitation funds generated yields ownership,making sure users'ownership of the capital and propagate breath. Third-party online payment also has to protect users 'privacy from illegal violations, and in the legal dispute lawsuit for adducing evidence legal obligations. In the fifth part, according to the existing problems and shortages of third party online payment, the papers provides some suggestions in accessing system and legal responsibility aspect, such as legislative Suggestions for network trade concerned in providing solid guarantee, and promoting the development of our country's third party online payment.