Research On Related Legal Issues Of Third-Party Payment

In recent years, with the development of the wave of Internet technology, China’s third-party payment industry and the related market presents a rapid growth trend. The payment business’scale, type and application areas of the market are in constant development and expansion, and it also plays a more and more important role in the modern market economy and financial activities. One of the most widely used and most representative of the third-party payment platform is Alipay. As of now, Alipay, with more than 400 million users and over 80% market share, firmly occupies the top position in the third-party payment industry and can almost be called as being universally used. But the increasing use and faster development will bring more and more risks and hidden dangers. People are undertaking increasing riskes of the fund security, personal information disclosure and financial crime problems, which is concerned by the society in a widespread scale. Therefore, based on the analysis of the development of the third-party payment, using Alipay as a typical case, this thesis sums up the related legal problems of the third-party payment, and the analysis and elaboration of relevant legal responsibility, combined with the general concept of the legal system, and puts forward the suggestions on the legal regulation of China’s third-party payment.This paper is divided into four parts:The first part is the overview of the third party payment. First of all, there is a general introduction from the concept, the legal definition and development process of the third party payment. Secondly, it’s analysis of the legal relationship between the third party payment institutions and user, through the description of the existing relevant theories to make it clear that there is a third-party payment mechanism between the user and the existing legal relationship.The second part is the summary of the legal problems and the potential risks of the third party payment. Through the analysis of Alipay as the typical third party, the paper sums up the problems and risks of China’s third party payment industry, which leads to the necessity and urgency of its regulation and supervision.The third part is to elaborate the legal liability of the third party payment institutions in the process of legal disputes. Respectively from three aspects of civil, administrative and criminal aspects of the specific analysis and summary, clear the principle of responsibility and legal liability of the third party payment of each party.The fourth part is about the perfection of the legal regulation of the third party payment in our country. With respect to the legal issues and risks of the third-party payment industry, we start from three aspects respectively - the user’s legitimate rights, precipitation funds and vested interest and network financial crime hands, to put forward suggestions and measures to China’s third-party payment industry’s legal regulation according to the current situation of our country’s market economy and the specific conditions.