Research On Civil Legal Issues Of The Third-party Payment In E-commerce

With the rapid development of the Internet and application of universal access, people fundamentally change traditional ways of shopping. Changes in trade patterns enable a rapid development of e-commerce, it as an emerging thing appears vividly within the people’s field of vision. In times of international financial contagion, housebound shopping mode advantages become more prominent, this makes more and more individuals and business focus on the online retail industry. Accompany with online shopping is the online payment method. Since2005, Yun Ma, Alibaba CEO, put forward a concept of third party payment; its benefits including transaction security, convenience, integrity supervision greatly promote the evolution of online shopping and third party payment platforms. Due to the impact of the financial crisis, a growing number of industries are suffering "economic winter" from "chill". However, along with the progress of electronic commerce and the rise of the third party payment market, e-commerce bucks a significant contrarian sign. But the worry is that third party payment shows up a vague policy, a legal vacuum and lack of supervision. In this environment, this new payment method makes forward. So many issues arising in network transactions cannot be resolved, especially in electronic funds transfer area, frequent problem has occurred. Over time this drawback will hamper the development of e-commerce or impede the progress of Chinese economy, so this legal regulation in electronic funds transfer part of e-commerce is necessary.The article involves three topics.The title of the first topic is Third party payment in e-commerce platform overview. That study focus on the third-party payment platform. First of all, using prevalent third-party payment methods as clues introduce third party payment platforms. After the concept and history of third-party payment platform,in the Chinese traditional payment mode of the third party payment platform position. The third party payment platform in our country the status of traditional payment mode. Brief explain rounds the emergence of third party payment platforms and its development process, third-party payment platform as a new trading patterns demonstrates its rationality of the existence and innovation. Afterwards, according to third-party payment platform, it has brought an elaboration and analysis of domestic and international legislation in force. Thus based on the foreign legislation, this revelation links the laws and regulations of electronic payments to Chinese market.The title of the second section is the relationship of Civil legal and Third party payment platforms involved in e-commerce. This study is about the relations between various rights and obligations of the parties in third party payment platform. Firstly, this analysis rounds the scope of services of third party payment platform and its social segment. After that, it analyzes the relationship of rights and obligations between parties in third party payment.The title of the third section is Analysis of civil liability for third party payment in e-commerce. That part of the analysis based on the theory of legal liability, legal liability of third party payment platform is the study point. First of all, it introduced the legal responsibility for third-party payment platform, theoretical basis for analysis, analyses the characteristics of civil liability for third party payments. Secondly, the civil liability for third party payment platforms conducts a specific analysis. Finally, the legal liability for buyers and sellers and banks also have been analyzed and found. This article found that the essential problems of the third party payment market are due to current laws and policies are lack of control on the third party payment platform. To solve this problem people need to clearly define the interrelated liability objects for third party payment. People can consult foreign relative laws to standardize the e-payment industry in China and to ensure all parties’safety as well as to motivate the development of electronic commerce.