Study On Legal Issues In Supervision Of China’s Mobile Payment

Mobile payment is a new method of payment which needs the help of internet andother science and technology to complete. It has the convenient, fast, any time and anyplace characteristics. This payment is with the rise of popularity of smart mobilephone technology innovation and the popularity of the smart mobile phone. The "taxisoftware" payment war between the alipay in the alibaba group and the wechat of theTenccent in2013reflects the migration of the internet companies’ competition fromthe computer PC to the mobile terminal such as the mobile phone. The futurecompetition development of payment is the mobile end. Because master the mobileterminal might mean master more user characteristics, especially in today’s the bigdata era, on the user’s understanding is mean to grasp the business opportunities. Sothe development of mobile payment will likely become a tipping point for thedevelopment of future business opportunities. Although mobile payment has greatpotential for development, but due to the current knowledge of the limitations ofmobile payment, mobile payment legal system has not been established, the legalregulation of mobile payment also exist many problems such as lack of supervisorybody, the cross regulation, supervision right abuse problem. Therefore, we muststrengthen the research of China’s mobile payment services, to understand the currentsituation and problems, perfect the laws and regulations of the mobile payment,handling supervision and development problem of mobile payment, to promote thedevelopment of China’s mobile payment. This paper embarks from the mobilepayment’s the current situation and problems, through the study of China’s currentregulatory status and problems, study and learn foreign mobile payment situation indeveloped countries, in order to put forward some useful suggestions on the legalproblems in the regulation of China’s mobile payment.Besides the introduction and the conclusion, this paper is divided into five parts tostudy and expound the law supervision of our mobile payment.The first part is an overview of mobile payment. First of all, is about theconnotation of mobile payment. The concept, characteristics and classification ofmainly from the mobile payment, mobile payment of basic problems are discussed.Secondly, the mobile payment business model, mainly includes four categories: the third party payment mechanism leading mode, bank dominant model, telecomoperators, the dominant mode of multi-party cooperation mode. The key differencefrom four kinds of business models and their respective advantages and disadvantagesof elaborate. Finally, it is expounded the development and the status quo of China’smobile payment.The second part is to study the necessity of mobile payment regulation. First of all,is to illustrate the existing mobile payment problems, mainly including the transactionsecurity problem, transaction information preservation and the problem of acquiring,market competition problems and payment standards and specification of the problem.Secondly, elaborated the legal risks faced by mobile payment.The third part is the international comparison research on supervision of mobilepayment. Firstly, expounds the supervision mechanism of foreign mobile payment,mainly from Japan, South Korea, the European Union and four countries or regionsUSA etc.. Secondly, expounds the supervision mechanism of China’s regulatorymechanism of mobile payment and foreign payment supervision enlightenment to ourcountry mobile.The fourth part is the mobile payment regulatory status and existing problems ofchina. Firstly, this paper expounds the present situation of China’s mobile paymentsupervision departments, mainly the multiple supervision, supervision and monitoringof the main problems of act of one’s own free will, based on inadequate, lack ofsupervision and legal effect etc.. Secondly, expounds the problems existing in thesupervision of mobile payment in China, mainly from six aspects of the problems aredescribed.The fifth part is the Countermeasures of law supervision of mobile payment inchina. The first is the mobile payment supervision legislation perfect. Mainly includesthe supervision principle of selection and the related policy laws and regulationsperfect two aspects. Secondly, this paper expounds the construction of mobile paymentof relevant legal and regulatory system. Mainly include: clear regulatory body,establishing supervision system, supervision of the transaction process, to prevent thecrime of money laundering, making reserve system, strengthen the management offunds, the parties involved in the precipitation of clear legal responsibility, reduce thecredit risk, strengthen policy guidance, improve the mobile payment environment,focusing on the establishment of unified credit rating mechanism six aspects.