Legal Risk Problem Research Of Third Party Payment In Electronic Commerce

With the fast development of online commerce, the third-party electronic payment processor, the non-financial institution, has been on the historical platform as a new trade model, which provides intermediary services between the purchasers and the sellers. The main intermediary service is taking care of payment, providing credit guarantees for both sides of the trades in order to restrain and supervise their behavior. The third-party electronic payment is the fund link in electronic business ensuring fair online-shopping. It solves the problem of payment in online-shopping effectively and makes the deals fairly.Being civil and commercial legal entity, in order to gain the more profit and build the brand, the third-party electronic payment puts out a lot of products and services with new ideas in online-paying based on the electronic business technology. As a new paying method, there is very few legal restrain for the third-party electronic payment. On May26th,2011, People’Bank of China has granted the first group of licenses for27enterprises who managed the third-party electronic payment. Now there is no special law for managing the third-party electronic payment in our country, but only some management methods for payment organizations putting out by People’s Bank of China, which relate to license, management, services, supervision and anti-money laundering. These methods are in progress of managing and supervising both in form and substance, but they could not solve all of the problems. It is also researched in some problems by jurisprudence, such as the legal status of the third-party electronic payment organizations, the positions of the joiners in deals, the legal risks in use of the third-party electronic payment, and the problem of consumer protection.I work for researching the problems above by analyzing the managing and supervising model and significance, and the use of laws for resolve the legal risks, and some advises for building the relating legal system by introducing the legislation achievements in foreign countries.