On Third-party Online Payment In A Civil Liability

Along with the central bank non-financial payment services management method and related detailed rules coming into effect ,the regulatory of the online payment have fundamentally changed. But in judicial practice field, the third-party online payment have been involved in tough and many commerce and civil diputes, especially the problems about network shopping cheating and customer's rest fund in the third-party payment company. At present the whole theory for third-party online payment to involved which civil bodies, their legal status, legal relationships between them, responsibility identification, the problem such as distribution of obligation to quote has not been deeply discussed. This was partly due to the third-party combines electronic information and Internet technology, and very different from traditional business mode, on the other hand is due to its supervision regulation( non-financial payment services management method ) and PRC tort liability law has just been issued soon, many past unresolved things just can be established, however the specific responsibility for online payment theoretical studies of relationships between them is still relatively backward. This paper aims at the aspects of theory and judicial practice, this paper analyzes online payment commercial processes and particularity, present the legal relations between them, and then based on these analysis, discusses the situation of online payment and determination of civil liability and in how apply to laws.Then from the general to the special, the problems to network shopping cheating and customer's rest fund of civil disputes have been settled down. This paper will focus on legal relationships and on this basis analyzes commercial and civil legal responsibility and in how apply to laws. In this paper the predecessor's researches in reference results are put forward on the basis of lots of new ideas and suggestions to solve tough civil legal disputes, established theoretical framework of civil liability to third-party online payment.This dissertation is composed of three parts besides the introduction. The first part exhibits the civil legal relations and the problems which are involved in the third party online payment, the second part discusses civil legal liabilities and applicable laws Combined with the characteristics of third party online payment, then the third part analiizes two kinds of hot issues currently -- customer's rest fund and network shopping cheating and solves these problems.