Research On The Legal Issues Of Risk Prevention Of The Third Party Payment Of Internet

The third-party payment of internet came out from the rapid development of the e-business. This means of payment gradually became more important for the characteristics of convenience, flexibility and functional. Besides, it also can make up for the defects of traditional payment instruments. Then, many uneven third-party payment mechanisms went into the market, which will increase the difficulty of the supervision work and the risk of this means. Therefore, setting up an effective supervisory system turned to be more urgent.From an angle of the legal risk prevention of the third-party payment, this paper made some commendation of legal constructions of risk prevention, in connection with the actual situation of Chinese market, by drawing on advanced international mode.Besides foreword and conclusion, the text is divided into four chapters:The first chapter emphasized the third-party payment of Internet and introduced its generation and development process. To the consumers and the Internet business, this means was a principal-agent. To the Internet bank, the relationship was between service and cooperation. Then the research object was cleared.The second chapter analyzed the existing laws of risk supervision system the Internet third party payment in China, and commented on the "management approach" and the "implementation rules". These laws and regulations strictly determined the ownership of the deposit money, the personal information confidential of the consumers, the capital ratio of the paid in currency, to protect the right and interests of the consumers. Because of the lack of specific operation rules, it was also unfavorable to the consumers. In addition, this chapter also putted forwards some existing supervision problems. They were the blind spot of the deposit management, the unclear market exiting mechanism, the inexplicit of the foreign capital entering the third-party payment market, the lack of consumer protection mechanism and so on.The third chapter studied the advanced patterns of the foreign countries’(US, EU, Japan and South Korea mode etc.) third-party Internet payment service about the practice of risk prevention legislation foreign. These two kinds of patterns both had a mature and cleared supervision regulations on the network payments. Some regulations of the traditional payments mechanism had already been used in the field of the third-party payment. Combined with the reality of China, our country should first clarify the regulatory system, then take market as the orientation and encourage the financial innovation.The fourth chapter were some of my humble opinions of the improvement on the legal supervision of the third party payment in our country. First proposed the basic idea which should be followed by the Chinese third party payment risk supervision system. And then according to the five issues mentioned in the previous chapter, I put forward some suggestions of the supervision work. So as to establish a stereo and perfect third-party payment business risk prevention mechanism.