Study Of Network Third-party Payment Regulatory System

In network era, the competition of traditional bank outlets and information transport have been weakened and the online-bank can not meet the electronic-commerce's requirements.Therefor, as a creative payment model, the online third-party payment appeared. It solved the bottleneck problems in electronic commerce, but what we should pay attention is the lack of supervision system on the online third-party payment. This thesis aims to set up the online third-party payment supervision system, as to improving the supervisory legal system and safeguarding the financial order.The article altogether divides into four major parts:First chapter: Introduce the background, present situation and purpose of this article.Second chapter: The development and the legal problems in the online third-party payment, while the problems are: The legal status of the third-party payment is not clear. The market entry and exit system is not settled which comes along with the credit problems of the online third-party payment; Deposit capital risk exits in the online third-party payment; Consumers need more guarantees of rights and interests during the online payment process. The problem is reflected in the following: information protection, dispute handling and after sale service.Third chapter: The present supervision situation and the focus of the supervision. American supervision system is focus on the transaction process. It didn't clarify the legal status of the online third-party payment. On legislation, it takes the method of addition and revision to the exited legal system. The European Union point out its legal status is financial agency and fosters a license system. China has enacted and others laws, but there are still some drawbacks. The focus of the supervision system is to clarify its legal status and the legal relationships among the parties. What is more, to guard against deposit capital risks. The author believes that we should define the legal status of the online third-party payment to be payment and settlement subject, and adopt the license system in time. The major legal relationship is deposit and bailment contract relationship. We can make addition and revision to the exited legal system.Forth chapter: The supervision system of the online third-party payment. It includes: The market entry and exit system with strict examination and approval standard; The deposit capital supervision system includes the independent online third-party payment account and distinct management system, guaranty money and beforehand contract system; Proving the legislation and set up the unified Certificate Authority; The unified credit evaluation and complaint system; The cooperation system between the online third-party payment and other payment parties.