A Study On The Third-party Payment Of Civil Law

In recent years, due to the rise of online shopping, the traditional trading patterns are changing. Nowadays, the electronic commerce is developed on the basis of network shopping convenience and price affordable. At the same time, in order to ensure the security of online transactions, and for the development of electronic commerce and the whole network shopping provides a strong guarantee., the third party payment also arises at the historic moment. It is due to the lack of security of online shopping, before the emergence of the third party payment as online shopping "the third person", to ensure the security of transactions between the two sides and integrity. Since then, third-party payment in China’s development is more and more quickly. Of course, the development of the third party payment can not be separated from the rapid development of China’s economy.We know that the third party payment is not only to provide online shopping payment, but also for our daily lives in some of the payment, such as the family life of electricity, gas, etc., greatly facilitate our lives. But everything in the development process is a double-edged sword. Similarly, the third party payment in the development also appeared many problems. For example:pay for money laundering, credit card cash on the third party. And our country in a long period of time has not formed the effective supervision of the third party payment, the legal status of the third party payment is not accurate, qualitative confusion, the relationship between the main precipitation funds and interest management and ownership, consumer rights protection problems. The best way to solve the problem is to improve the legislation, however, in the rapid development of the third party payment and the case of the problem, few law is used to regulate the third party payment, if not keep up with the pace of economic development.it will also bring a lot of problems. However, with these problems has been of concern to the insider, in May 2010,China issued a law for the third party payment-"non-financial institution payment service management approach" and "rules", which is the milepost type role for the development of the third party payment. But the analysis in the payment of legal relationship among all the subjects of the third party, arid in the comparison and foreign related laws and regulations, the law still has many problems. It is not enough to adapt to the development of the status of China’s third party payment now, and need to be further improved. So this paper puts forward some legislative suggestions and supervision suggestions aiming at some problems of China’s third party payment machine, in order to promote the development of China’s third party payment form, forming the characteristics of China’s third party payment system.This paper is mainly from the study of China’s third party payment problems, and then put forward my views. Through the analysis of the relationship between the various legal subjects, including the relationship between the third party payment, and the bank between the seller and the third party payment relations, and the relations between the two parties, see our country about legal issues existing in the third party payment from third party payment, including the legal status of the subject is not clear, third party payment precipitation funds management is not perfect, the third party payment problems in the development of consumer protection is not in place and so on, these outstanding and representative, how to solve the next we need to discuss the topic. Then we will have some experience in the legal system of developed countries, more mature countries, so this paper mainly from the United States, the European Union and Singapore for introduction of the country’s legislative experience, and then learn from these good experiences on the basis of the analysis, only in this way have a clear idea of the payment problem can be resolved the third party in China. So in the end this paper introduces some from legislative experience, of course, is proposed for the problem of our country. Including the determination of the legal status of the third party payment, subject to improve the precipitation of funds management, protection of the third party payment of the legitimate rights of consumers and to regulate the development of China’s third party payment. Forming the Chinese characteristics of the third party payment system of legal supervision.