On The Nature Of The Subject Legal Relations In Third-party Online Payment

With the fast development of internet, the third-party online payment has been knownand accepted by more and more people gradually. It is more frequent for the people totransact through third-party online payment platform. There are always all kinds of disputesarising during the transaction. The reason for the disputes is that during the operation in thevarious stages of the third-party online payment process there will be several or more legalrelation between buyer, seller, bank of the buyer, bank of the seller, and the service providerof the third-party online payment. The nature of different legal relation is different, and thenature of legal relations formed between them is obscure. It is necessary to sort the natureof the legal relations between two, three or more parties to distinguish the liability and tosettle disputes.This thesis attempts to distinguish and analyze the basic concept of online payment,third-party online payment, deposit fund, etc. Through semantic analysis method tosummarize its character and nature. The diagram explanation method is aslo applied toderive and demonstrate the operation model of the third-party online payment with flowchart and word description. Finally, this thesis utilizes, the comparative research method tocompare and analyze the two theories of “third-party perform instead” and”assignment ofdebts” formed between buyer, seller and the third-party service provider and the twotheories of “perform to the third party” and “delivery by the instructed party” formedbetween buyer, seller, their respective bank, and the third-party service provider.This thesis divides the whole transaction process into two stages as before contractperformance and after contract performance from an innovative perspective. In the stagebefore the performance of contract, buyer and seller and their respective bank forms thesavings contract relations. The respective bank of the buyer and seller and the third-partypayment service provider forms the outsourcing service contract relations. The buyer andseller and the third-party service provider forms the concurrent guarantee contract relations.While in the stage after the performance of the contract, the nature of legal relationsbetween the buyer and seller and the third-party payment service provider should beassignment of debt. The nature of legal relations between the buyer and seller, theirrespective bank and the third-party payment platform should be delivery by the instructedparty.