Third Party Payment Legal Supervision Research

The legal supervision of Third-party payment is the main problem of this paper, author use a variety of research methods and the analysis of actual data, analyze the present situation and problem of third-party payment, and learn from foreign advanced experience of Third-party supervision, puts forward the suggestions to improve the legal supervision of China’s third-party payment to.The article includes six parts:The content of the first chapter is mainly to introduce the payment mode and the Legal relationship of the third party payment. First, I introduce the characteristics, patterns, the present situation and development prospect of third-party payment.Then,I analyze the legal relationship of third-party payment, make correct understanding of the legal relationship between the parties、the nature and the ownership of precipitate funds.The second chapter mainly introduces the necessity and the present situation of the legal regulation of our country.Regulation of third-party payment in our country at present mainly includes several laws and regulations, there are 《The electronic signature law of the People’s Republic of China》,《The electronic payment instructions(section 1)》,《Non-financial payment services management method》,《The measures for the management of payment and settlement organizations (draft)》,《Non-banking institutions network payment business management method》 and so on. The third party payment develops into mobile and more close to daily life, makes mobile third-party payment became an important development direction of the Third-party payment in the future.The third chapter discusses the problems existing in the legal regulation of third-party payment in China, the main problem is the issue of legislation and supporting mechanism is not sound.In terms of legislation, legislative level is low、the protection of customer rights is not sound、the precipitation funds legislation is not perfect and the blank legislation of mobile payment.In terms of mechanism, market access and exit mechanism is unreasonable, lack of internal control mechanism.In addition, the convenience of mobile payment determines the great prospects for development of mobile payment, third-party payment timely seize the development opportunity, at the same time, but with the development of mobile payment,we need to establish law and improve the relevant system,to strengthen the effective supervision of mobile payment.The fourth chapter introduces the third-party payment legal supervision system of the United States. American third-party payment developed earliest, and the regulation is the most perfect. Compare with the legal regulation of third-party payment in USA and China’s current condition, we will get some useful experience.The fifth chapter discusses the complete of the legal regulation of third-party payment in China, mainly through improving legislation and relevant supporting measures. Frist, improve the legislation’s level and the protection of customer rights and interests, especially the legislation of precipitation funds and mobile payment. Second, improve market access、exit mechanism、the internal control mechanism and realize dynamic regulatory mechanism, etc.