Research On Legal Problems Of The Protection Of Consumers’ Rights And Interests In The Third Party Payment

Today, the third party payment institution is an emerging financial intermediary,however, its legal qualitative is not very clear and also its legal relationship with thecustomer and the bank is not very doubtless. In addition, due to the virtual nature ofthe Internet and among our country, at present stage, the lack and vulnerability oflegislation, the originally existing information asymmetry in the traditional financialmarket and the potential moral risks of financial institutions have a more adverseeffect on consumers, and the right to know, the right of privacy and the transactionsecurity right are facing the severe test.The purpose of research of this thesis is to define the legal nature of the thirdparty payment platform and ravel out the legal relationship between the third partypayment platform and customers involved during the business operation of the thirdparty payment institution, then to point out the existing focus questions in theprotection of the consumers’ rights and interests in the third party payment in ourcountry, and to conclude the inspiration based on the advanced legislative experiencein the protection of consumers’ rights and interests in the third party payment outsidethe country, and finally aiming at the existing focus questions in the protection of theconsumers’ rights and interests in the third party payment in our country, to put forward some specific measures to improve the protection of consumers’ rights andinterests in the third party payment.The thesis applies a variety of analytical methods throughout, such asclassification analysis, comparative analysis, empirical analysis, legal interpretationmethod, etc., and also emphasizes the effective combination and complement ofvarious methods, which forms a relatively integrated methodology system.The research content of this thesis is divided into four chapters:The first chapter is about the basic introduction of the related basic theory of thethird party payment and consumers’ rights and interests. The chapter first introducesthe concept, the legal nature and the classification of the third party payment. Thenthe chapter in depth profiles the legal relationship between the third party paymentplatform and customers involved during the business operation of the third-partypayment institution with the conclusion that the legal relationship between thethird-party payment institution and customers is principal-agent legal relationship.Finally, the author points out the great risks facing consumers’ rights and interests inthe third party payment and the necessity of inclining protection of consumers’ rightsand interests.The second chapter shapely analyzes the four core legal issues in the field of theprotection of consumers’ rights and interests in the third party payment in our country,which are respectively: the personal information protection in the third party payment,the information disclosure in the third party payment, the error handling in the thirdparty payment and the fund supervision in the third party payment.The third chapter conducts the extraterritorial inspection with the blueprintsinvolving the United States and the European Union. And finally, the author aiming atthe resolution of the core legal issues in the protection of the consumers’ rights andinterests in the third party payment in our country concludes the inspiration with thecomparison with the mature legislative experience abroad.The fourth chapter aiming at legislative defects reflected from the four coreissues in the second chapter carries on the comparatively complete proposals ofperfecting legislation, such as adhering to combination of unified legislation and decentralized legislation, and combination of compulsory legislation and industryself-discipline in the legislation of personal information protection; emphasizingcoordinating of the information disclosure system and the risk liability system in thelegislation of information disclosure; in the condition of reflecting the spirit of theprotection of consumers’ rights and interests adhering to three stages which are thestartup of error handling, the duration of error handling and the solution of the errorhandling in the legislation of error handling; emphasizing strict implement of accountisolation and active establishment of risk reserve system and the system of depositinsurance in the legislation of fund supervision.