| As the network communication technology and electronic commerce, the rapid development of online shopping, its comprehensive, convenient, high quality and low price to become a well-known way of life, consumption and electronic payment in the spotlight. The third party payment as a new type of electronic payment, promote the rapid development of e-commerce and information technology. At present, the third-party payment related laws and regulations is not sound, it produced a series of legal problems with the rapid development of the third-party payment industry to solve. Since 2010,The People’s Bank of China issued "Non-financial Institutions Payment Service Management Approach" and its " Implementation Rules", "Payment Institutions Internet Payment Business Management Approach(Draft)", "Payment Institutions anti-money-laundering and anti-terrorist financing management approach", "Payment Institutions Customer Prepared Money Management Approach", and series of regulations, so as to regulate third party payment business, and perfect third party payment legal system.However, the above low ranking regulations, can only solve a certain field of the legal issues for third party payment. Payments industry remains unclear for the legal position of third parties, precipitated capital attribution, imperfect consumer rights protection mechanisms, gaps in regulation, financial crime risks, unclear liability and other legal issues, improving third party payments and its legal system is around the corner.This article did a research into,The status quo of studying the law system of the third-party payment,clarified third party payment and its concept of legal platform, analyzed third party payment legal regulation insufficient status, based on these and the trend of China law construction, got reference advanced experience from abroad, proposed to perfect third party paid related legal system, establish an effective third-party payment of legal system and specific laws recommendations, provided a bit of force for existing legal, and regulations, and the development of China features road of Socialist law.The framework of this article are as follows: the introduction part introduced the present status and significance of third party Internet payment, reviewed third-party Internet payment system legal research in China and abroad, explained the creative ideas and innovations, prepared for the probation discussion of third party Internet payment system.The main part of this paper consists of five chapters:Chapter I began with the basic concept of third-party Internet payment, described the concept of the third party online payment, introduced the features of third-party Internet payment, transaction processes and operating models, defined the legal attributes of third-party Internet payment institutions.Chapter II analyzed third-party Internet payment relations between subjects.Chapter III divided domestic legislation and third-party Internet legal issues into two parts, illustrated the situation of domestic legal regulation of third party payment, pointed out that the legal supervision of third-party Internet payment mechanism is not perfect, lacking of consumers’ rights protection system, sunk capital ownership is unclear, risks and responsibilities unclear,and a series of legal problems, third party Internet payment system needs to be improved.Chapter IV analyzed foreign legal regulation of third-party Internet payment situation, compared legal systems in China and abroad, as a reference for perfecting third party payment system; the fifth chapter proposed gradually improving our third party payment legal system by perfecting market access, consumer rights and interests protection systems, security surveillance system, financial crime prevention system and other third-party payment system.Epilogue noted the limited capacity of author in many deficiencies on writing articles, but hoped his research will provide third party Internet payment system improving the contribution of modest means. |
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