A Study On The Main Civil Legal Issues In The Network Third Party Payment

Along with the popularization of network technology and the rapid development of e-commerce, third-party payment network arises at the historic moment, but there are many risks in the operation, the main civil legal problems worthy to be discussed are:Internet third-party payment areas involved in numerous civil subject, civil legal relationship is complicated; Internet third-party payment standard term effectiveness is unknown, many disadvantages; Internet third-party payment funds and large precipitation in fruits and the legal nature of ownership has not yet been determined; The civil contract and tort liability is not clearly defined; Lack of legal protection of consumer privacy. In the field of Internet third-party payment, the buyer and the seller with the third party payment institutions of civil legal relation should be comprehensive consideration entrusted agency says, storage, such as credit guarantee said theory to determine. Fair principle, equality principle, party autonomy principle, the principle of good faith, the principle of unfavorable terms providers should be as format in Internet third-party payment terms such as validity cognizance principle, at the same time, must clearly exception clause can’t become the content of the contract, the right to clarify terms of exception clause shall be null and void and revocable, the difference between the interpretation shall adopt standard term provider adverse principle, the characteristics of Internet third-party payment shall prevail, to explore a variety of methods to solve the disadvantages of format terms. Take the general terms and conditions combined with a typed terms legislation, contains provisions of principle and systematic rules listed in the concrete. Set the industry model about format clauses specified unfair unreasonable terms and conditions of the range. Internet third-party payment precipitation funds and fruits in the field of ownership should be relegated to the consumer. To solve the problem of fruits of punishment, the Suggestions according to the method of \"four points\" to perfect the risk reserve system. Assigned to the third party pay 20% of the precipitation institutional funds fruits. The precipitation 30% interest income of funds into the third-party payment consumer protection or related insurance funds. Will return 40% of the precipitation funds interest to customer or entrust the third party finance company. Shall be based on the principle of fault liability imputation principle for determine civil contract liability in the field of Internet third-party payment; Presumption of fault liability as general imputation principle, the principle of fair liability as auxiliary network tort liability in the field of third-party payment. Should draw lessons from the United States and Japan and other countries and regions of legislative experience, establish a third-party payment on network consumer right of privacy in the field of civil law system protection network.