Third Party Payment System In Electronic Commerce Legal Problem Research

With the rapid development of information technology and the popularization of network application gradually changed the way people live, the traditional trade patterns have undergone a fundamental change.Because of its low price and convenient service network shopping advantage develops rapidly, resulting in the formation of the current electronic commerce.Electronic commerce and the simultaneous development of the third party payment platform, the e-commerce as a new payment tool, his appearance effectively reduces the online electronic transaction risk, as the electronic commerce the transaction provides a safe and powerful function of credit guarantee.The current our country third party payment platform provides the service is wide, except for the network transaction payment channel is involved in many public service fields, brings great convenience for people’s daily life, while promoting the development of electronic commerce. The third party payment platform at the same time also had a certain legal issues.Because of the long period of time to the third party payment platform in our country’s legal supervision has not formed a set of perfect legal system, resulting in the use of third party payment platform provides the payment and settlement also produce negative effects, for example:on the third party payment platform, the legal position is not clear, the third party payment platform the main parties legal relationship confusion, user precipitation funds and sedimentation funds generated while using, management and ownership, protection of consumers’ rights and interests, money laundering and other financial security network.Although our country in2010May to third party payment platform promulgated the special regulations "of financial institutions to pay services management approach"(hereinafter referred to as the "management approach") and "implementation rules", to solve the third party payment has some legal problems have certain positive significance.But the third party payment platform in the legal attribute and relationship analysis, comparison and reference of foreign organizations in solving relevant problems of applying specific regulations and methods, in China’s current legislation on the basis of, and put forward the corresponding regulatory policy and legislative proposals, in order to promote the third party payment platform in China Health, active, steady development.On the establishment and perfection of China’s third party payment system, perfecting supervision system and related laws and regulations of China is of great practical significance.This paper is divided into five parts:the first of third party payment system in electronic commerce concept, operation principle was introduced briefly, followed by analysis of the participation of the third party payment platform between the subjects of the legal relations, analyzed our country present on the third party payment platform existing law problems, finally from outside the relevant laws and regulations, to perfect our country third party payment platform legislative proposals, as follows:The first part is mainly based on the third party payment system in electronic commerce concept, relevant operating procedures were introduced. Elaborated current our country third party payment platform development status.Summarized the third party payment system in electronic commerce the meaning, characteristic and existence value.The second part of the analysis of third party payment system in electronic commerce related rights and obligations between the parties.Analyzes the e-commerce in the third party payment buyers, sellers, banks and other financial institutions such as the relations between rights and duties.The third part mainly introduced the third party payment system in electronic commerce main legal problems.One of the third party payment platform, the legal supervision mechanism is not perfect; the second, the third party payment platform’s legal status is not clear; thirdly, on the third party payment platform payment safety and responsibility not clear, fourthly, for the third party payment platform of precipitating capital ownership and the resulting fruits allocation is not clear.The fourth part mainly introduces the relevant overseas legislation current situation of third party payment platform.Mainly introduced the United States, the European Union and other countries in Asia on third party payment platform legislation.The fifth part from the overseas some advanced practice, perfect our country on the third party payment platform provides the corresponding supervision mode and legislative proposal.In the third part of the third party payment system in electronic commerce exists a series of problems, offerred relevant legislation and the operation technical advice, from the legal status, the scope of business, access mechanism, the cooperation between the branch and the payment and credit risk control and many other aspects of the relevant laws and regulations construction puts forward feasible scheme.