Research On The Legal Supervision Of The Third-party Payment Platform

Because of the speed of updating Internet technology and the rapid growth ofelectronic commerce, the traditional consumption is strongly impacted. The model ofelectronic commerce is greatly into people’s horizons by its convenience andtimesaving. At the same time, a new kind of trading business model--the third-partypayment, also arises at the historic moment,as a result, there are a large number of thethird-party payment platforms in the market.The Internet third-party payment platforms solve the problem of trust andefficiency between trading partners, eases the tensions which from the traditionaltrading process between trading parties. It is a new kind of monetary payment mode,it provides experiences to consumers who get convenient by using the new paymentmethod. As an independent third party which independent of the buyers and the sellers,the third-party payment platforms provide a transfer currency exchange for the tradingparties in the online market, it is extremely convenient for commercial field of buyersand sellers in trading activities. Therefore, in recent years, the number and theturnover of the third-party payment platforms are significant growth, it also shows atrend of increasing payment range. In our country, without regulations and regulatory,the third-party payment is lack of law related, in addition, the rapid development ofthe third-party payment platforms cause a lot of legal problems.Since2010, the third-party payment has been in the end of the field that withoutregulatory vacuum state. The People’s Bank of China successively promulgated the"Non-financial Payment Services Management Method"and the"ImplementationDetails","Payment of Institutional Clients Cover Save Tube Method" and a series ofnormative legal documents to regulate the difficulties in the third-party paymentbusiness. However, due to the method of normative legal documents are widespreadin the low level of legal status, so they can only solve some particular legal problemswhich are exist in the third-party payment platforms. Third-party payment appearssome problems,such as "credit card leverage","money-laundering"," internet fraud", "lack of regulatory system" and a series of legal issues are still to be solved. In theview of this, through a thorough analysis of the differences between the third-partypayment and the concept of third-party payment platform, the author of this articlewants to define the legal nature of the third-party payment platform, wants to analyzethe existing problems about supervision in the third-party payment platform. With theconcept on the basis of the rule of law construction, and drawing lessons from foreignadvanced experience, this paper suggests that to improve the legal supervision system,to build an effective legal system of the third-party payment platform to solve theproblem which of the insufficient of legal supervision in the third-party payment. Forthe improvement of the existing laws and rendering a service to the regulation, thispaper advises to promote the third-party payment platform which under the legalenvironment of laws to continuous self-improvement.