Study On The Legal Issues Of The Third Party Payment Platform

In recent years, the rapid development of the Internet and e-commerce, onlineshopping has become a new modern shopping pattern. Security problems and creditproblems caused by virtual, anonymity, openness and our imperfect credit systemcause most users online payment distrust of electronic payment, thus affecting theoverall development of the online payment market. Third-party payment platform iscurrently possible to solve the problem of online transactions credit ideal solution.Third-party payment platform solved the security problems faced by onlinepayment and integrity issues effectively, promoted the continued expansion of thenetwork of trading volume, and further promoted the development of e-commerce.After People’s Bank of China published <2010non-financial institution paymentservice management approach>, the development and market outlook of third-partypayment platform is clearer. As a new thing, third-party payment platform lacked ofeffective legal regulation in the early stages of development, which led to thethird-party payment platform encounter many legal issues in the developmentprocess. How to effectively solve these problems related to the healthydevelopment of third-party payment platform.This articles writes along the "discovery problem-ask questions-to solve theproblem" of ideas, using methods of literature review, practice analysis and legalinterpretation and so on.This article is writing from a third party payment platform,analyzes the development status of third-party payment platform, pointing out thelegal issues that exist in the development process, by drawing on foreign-relatedlegislation on third-party payment platform, third-party payment platform forChina’s proposed development of the law recommendations.This article is divided into four parts. The first part presents an overview ofthird-party payment platform, including the concept of third-party payment platform,operating mode, and the legal relationship between the parties existing e-commerce platform for third-party; the second part analyzes our current relevant legislation ofthird-party payment platform, points out a lot of problems of our third-party paymentplatform, including the unclear legal status, the shortage of financial supervisionprecipitation, the unclear precipitation vested interest funds, the lack of consumerprotection; the third part mainly focuses on the legislative experience of foreigncountries, such as the USA, EU and other Asian countries; the fourth part raises legaladvice to improve our third-party payment platform, such as the third-party paymentmechanism is defined as payment and settlement organizations, the establishment ofprecipitation proprietary capital account system, a clear vested interest precipitationfunds, improve market access system, the establishment of a market exit mechanism,strengthen the protection of personal information of consumers and industryassociations to establish self-discipline convention.