Issues On The Third-party Payment Network

In recent years, with the popularity of the Internet and the use of online payment,change the traditional way of trading, e-commerce and previous transactions of a newbusiness model, has become the mainstream of contemporary international businessdealings and national economic activitytransaction.The United States and Europe as a result of e-commerce earlier in the forefront ofthe legal regulation of third-party payment.It is noteworthy that the current mainlandChina online payment legislation lagged behind the development of the market.Throughout the existing laws relating to online payment legislation is very scarce,limited to some departments regulations and policies, legislative effect lower grade,and the concern is mainly concentrated in the regulation of banks and enterprises, andonline banking. Legislation regulating the legal status of third-party payment,regulatory and many other issues were not. Therefore research and reference to thelegislation of the United States and Europe to improve the field of third-partypayment in China mainland law is necessary.The perspective of third-party payment, a preliminary study on the LegalRegulation of mainland China online payment, the relevant recommendations toimprove the legislative conjunction with the presentation by drawing on the existinglaws and regulations of the extra-territorial legislation to regulate and mainland China.In addition to the introduction and conclusion, the body is divided into four parts.The first chapter introduces the basic theoretical issues online payment andthird-party payment, elaborated the concept of online payment, payment instrumentsand basic mode, which introduced the third-party payment, the definition of theconcept of third-party payment. The second chapter describes the legal regulation ofextraterritorial countries and regions of the third-party payment, the analysis of thetwo regulators in the United States and the European Union countries with mature andemerging Asian countries developed the provisions of the legislation, the regulatoryregime, regulatory bodies and key legal issuescontent, with the intention to find amethod suitable for the Chinese mainland. The third chapter discusses the status ofthird-party payment of mainland China and the legal problems. First pointed out thatthe lack of legislation and the absence of combing through the legislative status ofmainland Chinese online payment and" electronic payment guidelines (No.1)" and "non-financial institution payment service management approach ",the commentarystressed that the current legislative process to speed up the third-party non-bankonline payment. Subsequent analysis of third-party payment problems that may arisefrom the legal issues. The fourth chapter analyzes the legal issues of third-partypayment commitments from third-party payment agencies, buyers and sellers andbanks three angles analyzed.The fifth Chapter, Explore the regulatory regime underthe existing legal system draws on extraterritorial regulation of third-party paymentpremise put forward the need to continue improve.