Research On The Legal Problems Of The Third-party Payment And Their Countermeasures

With the development of economy, more and more people use personal computers, meanwhile, online purchases and group purchases are widely accepted by people. According to the statistics released by CNNIC, there are510million netizens at home by the end of December2011, with55.8million new netizens, ranked No.1in the world. People frequently use network at work and at home, such as, online purchases. Therefore, third-party payment which is closely related to online purchases comes into people’s focus recently. On the one hand, the third party provides more efficient and convenient methods of payment; on the other hand, more legal problems appear during the process. Therefore, the research on the legal problems of the third-party payment becomes very important. This paper can be divided into four parts:The first part is mainly about some concepts related to third-party payment. This paper also discusses its ways of existence, its characteristics and its advantages over traditional payment. By analyzing the status quo third-party payment, the paper emphasizes the significance of the research on the legal problems of the third-party payment.By illustrating the online payment process which take taobao shopping for example, the second part analyzes the payment process of the third-party payment in practice, and some legal relationships in the process of payment, among which the paper mainly analyzes the relationship among e-business enterprises, banks, customers and the third party.With some cases, the third part analyzed some legal problems when third-party payment is employed, and it is obvious that the legislation about third-party payment is insufficient at home.In the fourth part, the author analyzes the current legislation of third-party payment at home, and provides constructive suggestions for the legislation of third-party payment.