On The Protection Of The Consumer’s Rights And Interests In The Third-party Payment

With the development of the e-commerce, which is represented by the Internet transactions, the third-party payment gradually comes into our vision. The third-party payment originally aims to solve the credit problems which may arise between the seller and the consumer who cannot see each other and even don’t know each other. However, along with the rapid development of the network transaction, the third-party payment gradually shows some problems, which mainly lie in that the existing laws and regulations is far behind the level of the development of the third-party payment and that the fast expansion has brought more problems, protecting the interests of consumers are a important problem which is worth focusing on.But the third-time payment at the same time brings about problems, where the rights and interests of the consumers who are often at a disadvantaged position compared with the seller in traditional trading are facing a severe test since more complex legal relations the third-party payment brings about enter the trading. Especially such third-party payment platforms as Alipay, Ten Pay, Union Pay are larger than many sellers, the consumers appear to be more disadvantaged. However, the existing legal system lacks relative regulations for protecting the fund security of the consumers, regulating information disclosure, income attribution and personal information, which may do harm to the rights and interests of the consumers.This thesis, which is divided into six parts, based upon an analysis of the relationship between the third-party payment and the consumer, explores existing problems of the legal system of consumer protection, and proposes some suggestions accordingly.The first part is an introduction, starting with two case studies and a brief assessment, which introduce the problem discussed in this thesis.The second part is the general theory of the third-party payment, which introduces the present theories, the definition and research situation, the main participants and process of and the legal relations in the third-party payment, making a basis for the following discussion.The third part focuses on the significance of the protection of the consumer, which will involve discussion about the purpose of the present laws and regulations.The fourth part discusses the problems existing in the consumer protection in the third-party payment, this part is the key part of the thesis, this thesis has selected eight representative aspects of the problems, including: the transfer of the licenses of the third-party payment, the imperfections of out of the market influences the security of consumers’ property and information, the lack of provision for the ownership of interest system, the imperfection of the payment errors rules and the blurriness of the division of responsibilities, the imperfection of demur system, the imperfection of the disclosure system of payment information, the lack of protection of personal information on consumers’ rights, unreasonable restrictions of consumers’ rights, the imperfection of remedy of consumers’ rights, etc. It roughly covers the main types of the third-party payment damage of consumers’ rights, and analyze these problems.The fifth part discusses the third-party payment in improving the protection of consumers’ rights, which is the crucial part of this thesis. This part discusses the problem which is mentioned in the third part of the thesis, and suggests about: the transfer of the licenses of the third-party payment, the imperfections of out of the market influences the security of consumers’ property and information; balance the interest of provision of consumers and the third-party payment by setting public funds; perfection the relevant system, especially focusing on the responsibility distribution system to solve the problem of payment errors and the consequent division of responsibilities; definitude no application of the extended demur on the third-party payment by regulations principally; refinement existing laws and perfection the disclosure system of the information of the third-party payment by regulations; all-sided perfection Civil, Criminal and Administrative Responsibility to improve the protection of the consumers’ information by making and revising the laws; perfection the relevant systems to exclude unreasonable restrictions on the rights of consumers; perfection the relief of consumers’ rights in two sides of jurisdiction and burden of proof.The sixth part is the conclusion of the above paragraphs and this thesis, and restate the intention of this thesis.