| Due to the rapid development of science and technology, the internet has occupied an importantposition in modern people’s life and work. It has brought rapidness, convenience to people’s lives andchanged people’s lifestyles and consumption habits as well. Especially the rapid development ofe-commerce in the Internet age makes more and more people used to this way of consuming. Onlinetrading has become a new model of people’s daily consumption. Along with the increase in networktransactions, people enjoy the convenience at the same time pay more attention to their own money andinformation security, and the third-party payment can solve the problem. With the third party payment innetwork transaction becoming more and more popular, new problems arise to consumers. In recent years,problems about harming of consumer’s rights and interests in network transactions, and all kinds ofdisputes are often found in newspapers, television news, network and other media. As the third-partypayment is a new kind of transaction and the law is sometime retard, China’s laws and regulations onthird-party payment is still not perfect, and even some are legal blank. This leads to the lack of basis ofadministration in daily regulation and makes the department concerned cannot perform its regulatoryfunctions well enough. When consumers who use third-party payment platform have trade dispute can onlyrely on Consumer rights and interests protection Law to maintain their own rights and interests, which isnot enough. Specific laws and regulations are needed to safeguard the legitimate rights and interests ofconsumers. Although the existing Electronic Payment Instructions (No.1) and The Regulations forNon-financial Payment Services (hereinafter referred to as The Regulations) and other relevant laws andregulations have provisions for online payment and online trading and also reflect the regulators，prudentattitude and point out the direction for its development as well. But third party payment regulation in Chinaalso has many shortcomings, and the relevant provisions of "regulations" and "the detailed rules" are toogeneral and vague and lack specific regulations for the third-party payment, so there is still a blank in lawsand regulations. And this paper mainly analyzes the existing problems in the third-party payment, andthrough drawing references from foreign third-party payment system, it points out the shortage ofthird-party payment regulation in our country and puts forward its own proposals.Apart from the Introduction and Conclusion, this paper is divided into four parts: In the first part, the paper analyzes the basic connotation of third-party payment, expounds thenecessity of regulation of third-party payment under protection of the rights and interests of consumersfrom the perspective of maintaining financial order and reducing transaction risk to ensure the safety ofboth parties.In the second part, the paper introduces the development of the third party payment process, expoundsthe specific problems that exist in the regulation of third-party payment from two aspects: the existingproblems in the process of third-party payment and how to maintain the consumers’ rights and interests inthird party paymentIn the third part, the paper introduces the status of third-party payment in law definition, the regulatoryregime, precipitation funds supervision in the United States and European Union and makes an objectiveanalysis of their advantages and disadvantages thus draws helpful reference to perfect the regulatory lawsand regulations in our country.In the fourth part, through the establishment of the idea of safeguarding consumers’ rights and interestsin third party payment, the perfecting of relevant legal system, and the making clear of the subject inregulation of third-party payment to solve consumers rights infringements, the paper puts forward itsproposals to perfect our country’s third party payment regulation legal system with regard to consumerrights and interests protection. |
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