Theory Of Legal Supervision Issues About The Internet Financial Payment

With the vigorous development of the Internet Finance, the third-party payment as a new type of electronic payment arises at the historic moment, this new type of payment method save the transaction cost and time, solve the problem of the traditional trading regional restriction, at the same time as an independent credit intermediary platform, effectively relieve the credit question of network transactions, with its unique advantages, in recent years the development of third-party payment market ushered in the golden period, the business scope of application is more and more broad. But as a result of online payment development in our country starts late, for the third-party payment there are some blank legal regulation, combined with the virtual nature and complexity of online transactions, leads to the third-party payment hidden in trading more legal risks, including capital safety risk, the risk of default, consumers’rights and interests security risks, and concealment of the criminals may use its illegal crimes such as money laundering and illegal cash out. How to effectively solve these problems related to stability and orderly development of third-party payment platform, in perfecting our country’s regulation of third-party payment need based on the experience of the countries outside at the same time, guide the development of our country’s third-party payment.Article starting from the theoretical concept of third-party payment, on the basis of the current situation of development at home and abroad, analysis of relevant legal relations, pointed out our country existing in the development of legal risk and insufficient regulation, by using the experience of the development of the countries outside, put forward suitable for regulatory suggestions on the development of third-party payment platform in China.This paper mainly divided into five chapters. The first part is about the Internet Finance overview, mainly introduces the four types of typical Internet Finance model. The second part is about the detailed overview of the third-party payment, including the development of the third-party payment abroad and domestic, characteristics and the different types of legal relations related to third-party payment. The third part through the analysis of the regulatory status of third-party payment in our country, pointed out our country present stage of the defects in the regulation of third-party payment, expounds the necessity of the perfect regulation.The fourth part expounds China’s current legal risk problems of third-party payment.The fifth part through experience outside the supervision system of developed countries for reference, aim at the legal risk of the third-party payment problem in China, in combination with the practical situation of our country’s third-party payment, put forward some constructive suggestions to the legal supervision.