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

In recent years the vigorous development of the third-party payment realized thewhole financial market paperless, its development speed rapid, pregnant withenormous business opportunities. Third-party payment mechanism is a very strongfinancial strength and non-financial institutions to provide credit guarantee, realize theseamless docking between the Banks pay. The emergence of the third-party paymentto break the bottleneck of e-commerce payment, the both parties in e-commercetransactions provide credit guarantee, improve confidence from both sides of thetransaction, promotes the deal between online consumers and businesses. Therefore,third-party payment gradually become favored by consumers and businesses onlinepayment.However, at this stage is inconsistent with the speed of the fast development ofthird-party payment is a third-party payment legislation has far lags behind itsdevelopment. Third-party payment is based on computer network, therefore, bring aseries of problems, such as third-party payment responsibility sharing, datainformation security problems, security, financial risks cover, etc. And legal normsabout the third party payment, only2013of the people’s bank of China issued "pay forinstitutional clients cover save tube method" and published in2010"non-financialpayment services management method", because of its low level of effectiveness andthe content is not comprehensive, serious impact on the regulation of third-partypayment, is not conducive to the healthy development of the third-party payment.This article is divided into four chapters except the introduction and conclusion.The first chapter introduces the general issues of third-party payment, this paperexpounds the meanings of the third-party payment, lassification, operation processand its advantages and disadvantages, with the introduction of the third-party paymentdo preliminary. In contrast to the third payment and easy to confuse the distinctionbetween related concepts.The second chapter the third-party payment participation main body the legal relationship between, in the form of subject, object, rights and obligations of chaptercarefully analyzed the consumers, businesses and third-party payment agencyrelationship in third-party payment to pay. Due to the third-party payment platform insupport to complete the payment, so the original sales contract in the traditional senseof the payment for goods payment changed. Consumers and businesses, the legalrelationship between third-party payment platform can be as simple as agentrelationship, but in fact the participation of the third party payment between the mainbody of legal relationship of agency relationship with the civil law and has certaindifference, which mixed with takes care of the legal relationship, entrust a legalrelationship, form a complex legal relations.The third chapter discusses the legislation of the third-party payment status quoand existing problems. Due to the third-party payment of the existence of complexlegal relationship between the main body, make the main body status of third-partypayment institutions vague and assumption of responsibility for third-party paymentinstitutions, also adds to the difficulty on the selection of imputation principle. Inaddition, because of the virtuality of the network itself, the security problem ofthird-party payment data information, cover problems, the problem such as financialrisk problem has its own characteristics.The fourth chapter in view of the present third party payment problems arisingfrom the related legislative and regulatory proposals are put forward. At present ourcountry third party payment legislation lags behind, for the regulation of thethird-party payment only two measures for the administration of the people’s bank ofChina issued the effectiveness level is low and the content is not perfect, even in thepresence of the third party payment regulation, could not be in accordance with thephenomenon, therefore, in order to improve the safety factor of the third-partypayment, strengthening our country third party payment higher effectiveness oflegislation, strengthen the supervision of the third party payment is necessary.