Research On Legal Issues In Supervision Of The Third-party Payment

The payment system is an important part for both modern market economy and financial activities. With the rapid development of China’s economy, the third party payment of Internet has gradually became the mainstream of all the payments. Meanwhile, its business scope and the economic field which is involved by the third party payment are still keep increasing. The third party payment of Internet is gradually getting close with the economic and financial activities, which is gradually becoming a key role in the payment system of our country. Because of the participation of Internet service providers, the third party payment of Internet is different from the ordinary means of payment and has its own characteristics, the involved subject and the legal relationship is more complex than the ordinary ways. Depend on the special nature of the third party payment of Internet, it’s important and urgent to figure out these issues like, how to define its legal definition, the rules to measure the value, how to measure the supervision and what subject should be determined in the supervision, how to arrange the regulatory responsibilities, how to choose the monitoring content and the regulation which can fit these content, and how to determine the legal responsibility of regulators. All these legal problems are urgently need to be considered in the process of our development.This paper fully analyzed the development background and the current regulatory situation of the third party payment in our country. And try to absorb the foreign experiences of third party payment of Internet. and also study on the supervision of the value orientation, the subject of regulatory, the regulatory object, and the way of supervision and regulation legal liability and other aspects.This paper is divided into five parts.The main content of the first part the distinction between the third party payment of Internet and the third party payment of Internet supervision concept, and elaborates the importance of the third party payment of Internet supervision. The network of third party electronic payment is a new product in recent years, its trade pattern is more complex, there is a big difference compared with the previous crunching, the capital flow and logistics are not required at the same time and the same space, despite the great changes in the mode of payment however, due to the vulnerability of the financial market, it still showed information units and natural monopoly, so an effective supervision system is needed.The second part focuses on the value orientation issues of the third party pa yment of Internet supervision. Based on the study of the third party payment of In ternet content and combined with the elements of the value system of law, the basi c value orientation of the third party payment of Internet supervision should be s afety and efficiency. But there are some conflicts between safety and efficiency, coo rdination and balance is needed, specifically in China third party payment of Intern et regulation in terms of value orientation, we should put safety as its basic content s, the efficiency as the ultimate goal, to ensure the security of transactions as the pre mise, to achieve the highest efficiency.The third-part analyzes of the main subject of the third-party payment of Intern et supervision. In the choice of supervision and responsibility of business content arr angement, the third-party payment of Internet related to computer, network and finan cial and other aspects, so we should learn from foreign advanced experience, and try to create a supervision system which is cooperated by the people’s Bank of Chin a focused by information industry management department, the China Banking Regul atory Commission, and the tax authority division of labor,and according to the char acteristics of various regulatory body’s function to make the allocation of responsibil ities to the appropriate.The fourth part focuses on the third-party payment of Internet supervision mod e and supervision contents. According to the different types of the third party paym ent institutions, the specific regulatory approach summed up the dynamic supervisio n and static supervision, site supervision and non spot supervision, regulation and sup ervision of the principle and combining with the actual situation in China to make a rational choice, it is necessary for market access, services, market exit three stage s adopt flexible measures, in order to maintain market stability and to balance the in terests of all parties in the regulatory objectives.The fifth part studies the legal liability of the third party payment of Internet regulators. Supervision rights and legal liability should be relative, in reference to foreign advanced experience and legislation practice, China should start from the liability for compensation and the corresponding legal responsibility, to establish and complete legal liability in our country third party payment of internet.