Research On Protection Of Consumers’ Rights And Interest In Third-Party Payment

Third-party payment is a rising means of e-commerce payment with the popularity and the use of the Internet, which means a new mode of payment that the third-party payment institutions being independent of the parties to the transaction and banks use its operating system or platform to provide cash payment service for the parties. Third-party payment consumers are nature people who sign the service agreement with the third-party payment platform, open an account in the third-party payment platform and use the intermediary service provided by the third-party payment platform for money transfer. Compared to the third party-payment agencies, third-party payment consumers are in a weak position in information, technology and capital scale, whose risk prevention capability is weaker than general consumers. Now whether the law or the departmental regulations are unable to fully meet needs of the consumers’ interests protection. The current prominent issues of the third-party payment consumer protection are the funds in the account security issues, personal information security issues, terms of format problem, dispute resolution mechanisms and so on. Some countries and regions who have first-mover advantage in the e-commerce protect third-party payment consumers by including them in the scope of traditional consumer protection, and they also developed consumer protection rules targeted on third-party payment consumer protection, so the rules of the legal system is more complete. According to the inspection, from the major developed countries’ specific content of the consumer protection legal system, the third-party payment consumer protection legislation reflecting the following trends: focus on transaction security, protection of personal information and gradually enter the special legislation, by advance prevention and remedial regulatory format contract, build the entire alternative dispute resolution mechanisms. Based on the current situation of China’s third-party payment consumer protection and the summary of the foreign third-party payment consumer protection experiences, the third party payment consumer protection should carry out three basic principle, namely consumers equal protection principle, moderate protection principle and the maintenance efficiency and convenient principle. Existing legislation should be improved, focusing on legislative technique improvement and innovation. Finally, improve thorough specific rules on the account financial security, personal information security, terms of format, and the dispute settlement mechanism, etc.