Study On Several Legal Issues Of China’s Third-party Payment

In recent years, the third-party payment platforms were warmed up rapidliy by thevigorous development of e-commerce in China. The third-party payment is not only thebackbone of e-commerce but also an important part of the payment system. The safetyand reliability of third-party payment are very important to maintaining a good socialand economic order. In order to protect the safety of transaction and payment in themarket, avoid social risks caused by third-party payment，it is very necessary toimprove management of third-party payment as soon as possible. How to ensure thehealthy development of the third-party payment also became a hot topic of manyscholars. But our country’s law for third-party payment regulation is not perfect andthere are many problems to be solved. This article will combine the specific situation ofthe third-party payment industry, the present situation of third-party payment’sregulation as well as the predecessors’ research results to analyze and discuss theseproblems and to put forward solutions.There are six chapters in this paper. Chapter1reveals the significance ofresearching China’s third-party payment legal problems by illustrating. Chapter2introduces the meaning of third-party payment, its operating mechanism and somebasic situation,using some charts. Chapter3analyzes how to define the third-partypayment mechanism in law. Although Administrative Measures for the PaymentServices Provided by Non-financial Institutions define the third-party paymentmechanism as non-financial institutions, the author still think there are some reasons todefine the third-party payment as financial institution and the author will explain thisviewpoint in this chapter. Chapter4explores the way of how to supervise third-partypayment’s provisions and the author will propound suggestions on the foundatin ofTemporary Administrative Measures for the Payment Institutions’s Provisions andsecurities industryies’s practice. Chapter5presents advices on how to guard against thepossibility of that people abuse the third-party payment.The last chapter is the summaryof the whole paper about the discussions as well as research findings above.