Research On The Third Party Online Payment Of Financial Legal Regulation

Third-party online payment was born in the golden decade of Internet development, it effectively solves the shortages of foreign exchange in network consumption credit, eliminates the asynchronism of buyers and sellers in time and space, to provide credit guarantee for the network shopping function, promote the development of the Internet electricity industry. Along with the continuously optimized management model of third-party payment mechanism and payment technology unceasing enhancement, payment institutions will focus on far more than to pay for upgrades, function is more widen pay scenario, change consumer concept of pay, in the original shopping payment scenario extends continuously, widely and the areas of Internet commerce and social public service industry pay cooperation. Third-party online payment have greatly enriched institutions comprehensive service content, become the new choice for alternative card and wallet.However, because of the blindness and spontaneity of market, third-party payment industry development is not without flaws, there are restricting its industry development and damage the interests of the main body of a variety of problems, this needs from the aspects of systems and mechanisms to strengthen financial regulation, a clear scope of regulatory agencies, regulatory and supervisory duties, aiming at the existence of a third party online payment violations to give legal qualitative, especially the current problem is more prominent, three areas including the third party online payment market access system, the deposit money management system, credit card cash out regulation should be the main content of financial regulation to improve the online payment industry.At present, the third-party online payment of the financial regulation law mainly includes comprehensive regulation of the "non-financial payment services management method "and its implementing rules, issued to deposit money regulatory pay of "the payment of institutional clients cover depository way", all legal status is not high, the legislative content lag, the regulatory body issues of power and responsibility is not clear. Therefore, from set out actually, combined with foreign legislation experience, the specific path of perfecting our country’s financial regulatory system mainly includes the following three aspects. First is the third party online payment market access of financial regulation problem, at present our country implements the examination and approval system, in the registered capital and capital adequacy requirements is higher, but insufficient application system, should be in these two aspects to take certain measures. Followed by the third party online payment deposit money financial regulation, through the analysis of the current excess reserves management system has such problems as the ownership is not clear, value-added use of a single, put forward the detailed regulatory responsibilities, clear cover interest and value-added use of core issues such as legal solutions. Finally the third-party online payment credit card cash out of financial regulation, by analyzing the characteristics and the cause of the new type of credit card cash out, Suggestions from strengthening legislation, establish social credit mechanism and regulatory collaborative efficiency and perfect.