On The Legal Issues Of Third-party Payment In E-commerce

With the rapid development of China’s e-commerce market, more and morepeople tend to use the Third party payment transactions.To a certain extent, thethird-party payment solved the problem of payment security and credit in nonface-to-face transactions, reduced the transaction cost of users, ensured the safety ofthe transaction.However, as a new phenomenon, the third party payment gropingforward under the environment of lacking of regulation, there are still a lot oflegal issues. Based on the development status of third-party payment for analysis, thisarticle summarized the main legal issues that appear in e-commerce third-partypayment, analyzed and elaborated of these issues.This article is divided into four chapters, the first chapter given a generalintroduction of the concept,characteristics to the third party payment ine-commerce.draw a definitions that the third-party payment is a new payment modetransactions that through the Internet or mobile phone, telephone and otherelectronic equipment,with the third-party payment transaction platform by anindependent third party who have strong economic strength and credit.According tothe third party payment provides functionality for the standard, can be divided into thepayment gateway third party payment and credit guarantee third party. According tothe third party payment service providers have no e-commerce platform as theattachment, can be divided into independent third party payment mode and electronictrading platform to support the third party payment mode.Chapters2-4were analyzed the specific legal issues in the third-partypayment.The second chapter mainly analyzed the legal position of the third partypayment platform and involved the legal relationship between the third party paymentparticipants.The article concluded that the third-party payment service provider was aquasi-financial institutions.The third chapter of this article mainly analyzed the precipitation funds and itsfruits produced by third party payment,Precipitation funds do not belong to the bankdeposits.The users should talking things over the third-party payment service providerto solve the management of the precipitation funds.The fourth chapter of this paper mainly aims at the user rights protection, thelegal risk of third party payment users are analyzed,introduced the system ofprotection of the rights and interests of users in American and EU,make suggestions to the Chinese lawmakers on how to improve the user rights.