Discusses The Juristic Regulation Of The Third-party Payment

After the 21 st century, we have been in the rapid development of internet technology. At the same time, e-commerce as the main form of the Internet financial is along with the development of the Internet,and the rise of third-party electronic payment as the mainstay of e-business cash-flow came into being. The third-party payment pay for buyers and sellers to provide disbursement services、credit behavior and payment behavior, which has led to e-commerce transactions; The operation of the third-party payment has three mode: pay-channel mode, unsecured virtual account mode and credit intermediary account mode. Payment services provided by third-party payment institutions in different operating modes have different properties positioning. The third-party payment involve in a lot of legal relationships, including the legal relations between the third-party payment mechanism and the buyers and sellers, the legal relations between the third-party payment institutions and Banks. Combing these legal nature, analyzing the lack of market development and the lack of our country’s legislation, is the base of regulatory proposals in this paper.In the outside, the United States’ and the European Union’s legislation of third-party payment is relatively complete, more detailed specification, and has been effectively carried out,so it provides an important reference to our country.They have restricted market-access qualifications; They combines the dynamic supervision with comprehensive supervision in the market exit procedures; They also protect the interests of consumers and emphasis on consumer rights;They emphasis on strengthening supervision and support innovation. The United States and the European Union regulation of third-party payment legislation in our country, the customer cover system and the protection of consumers’ rights and interests to give an important enlightenment. The United States and the European Union regulation of third-party payment legislation give an important enlightenment to us in improving the legislation of third party payment、customers cover system and the protection of consumers’ rights and interests.Nowadays, most of our existing legislation is based on administrative regulations, focusing on the regulatory body, overall, our legislation is dispersed and messy. There are many legal problems: the third-party payment mechanism defined as non-financial institutions, avoiding the fact that it involves financial function; Customers cover poor regulation; Lacking of consumers’ rights and interests protection; Lacking of money laundering crime. Therefore, our country’s legal environment of electronic payment industry is in urgent need. we have to guide and regulate the development of the third party electronic payment services, and speed up the financial ecological construction of the information age.Above all, in according to the development of China’s third-party payment,we need to draw lessons from foreign practices fully on the basis of a clear regulatory goal and the principle in our country, we also need to build the regulation of organization structure, as the main body in the regulation of the people’s bank of China, on the basis of collaboration supervision of commercial Banks, to pay the agency industry self-discipline as the means, to a wide range of social public supervision. At present,the most important thing is to improve the deficiency in the cover to the customer and consumer protection, anti-money laundering regulation, and regulate market access link, daily business processes, market exit link regulatory measures.