Legal Regulation Of Network Payment

The information flow, the Logistics, the fund class is three big important links in the electronic commerce domain. As the middle link on-line payment, is being important, the key function to the electronic commerce development. In recent years, our country on-line payment development was extremely rapid, the emerging electron means of payment unceasingly appeared, on-line payment volume unceasingly to enhance, and it gradually became the important constituent to retail sales payment system in our country. Specially recent two years, after the on-line bank appears, the third party payment service platform massively emerged, it established a neutrality, equality, convenient, low cost fund transfers way between merchant and customer, broke through the electronic commerce development payment bottleneck well. It becomes important and beneficial supplement form to the on-line payment.But is worth taking, currently, on-line payment legislation in our country is obviously lags to financial electron step. Looks over the present law in our country, the on-line payment legislation extremely lacks, only is restricted in some department rules, regulations and policy, the legislation potency rank is lower, moreover mainly concentrates in bank cards and on-line bank rules and regulations, regarding to the third party non-bank payment legal status, supervising and managing and so on still has no direct law standard. Therefore, research and reference international correlation legislation to consummate this domain legal rule in our country is imminently.This article draws up take the third party payment platform as an angle of view, pays the legal rules and regulations question to our country net on to the preliminary discussion. And it will give the suggestion to improve legislation by unify our national condition and draw lessons from and legislate abroad. To the time offers a few ordinary introductory remarks so that others may offer their valuable ideas, to promote our country on-line payment and the electronic commerce development.The article altogether divides three major parts.First chapter introduced the on-line payment development present situation and elementary theory, have explained the on-line payment concept, the characteristic and the means of payment, introduced the current most two main on-line payments way in our country, namely the on-line bank payment and the third party payment, and with emphasis introduced the third party payment main payment pattern and the operation flow (take overseas PayPal (US) and domestic payment valuable pattern as example), then analyze the participation main body to on-line payment and legal relationship.The second chapter the legal rules and regulations which pays to the net on carries on the comparison, mainly inspected national, in the international organization on-line payment question and so on US, European Union, Singapore legislation and the practice different procedure, the legislation which pays to our country's net on has the model by the time.Third chapter elaborated third party payment platform legal rules and regulations question in our country. Through to our country on-line payment legislation present situation reorganization, pointed out the legislation insufficiency, emphasized current must speed up the third party non- bank on-line payment legislation. Afterwards has carried on the discussion to our country on-line payment law standard relations legislation policy choice question, thought our country on-line payment legislation politics coordinates persisted fully uses had the legal framework gradually to consummate the legislation principle as well as the autonomous standard and the legislation standard double track system principle. Finally aimed at the current third party to pay in the platform law rules and regulations question the most essential two questions to carry on the thorough analysis (third party payment organization legal status and its profession supervising and managing), and proposed own understanding and the legislation suggestion at in the model overseas legislation experience foundation.