On The Civil Liabilities In The Third-party Online Payment

With the fast development in E-commerce and with the progress in information technology of the Internet, along with detailed social division of labor and with prosperity in the E-finance, the third-party online payment is more and more popular, which became already a mainstream mode of payment. Nevertheless, the production of new things is always accompanied by some new problems, as a coexistence of the opportunities and challenges. Legal matters need to be urgently specified, especially the assignments of responsibilities in legal risk. The relevant legal system in the third-party online payment in China lags behind the market development evidently and currently. Since it restricts follow-up development, we need complete some laws, regulations and rules so as to promote a healthy development of the third-party online payment and E-commerce.Applied to the civil law, the commercial law and other related law theories, based on the present situation in the third-party online payment, in comparison with an advanced legislation in other countries(regions), this paper demonstrates deeply the matter of assignments of civil liabilities for payment defects and unauthorized payment in the third-party online payment, analyzing some relevant laws and regulations in China, being with research methods such as an empirical analysis, an analysis of regulations and rules and a comparative analysis, etc., setting up an analysis of some basic conceptions in the third-party online payment.Except for introduction, this paper contains four parts.Part one, civil legal relationships in the third-party online payment. It analyses a quasi finance in the third-party online payment providers and civil legal relationships in the third-party online paymentPart two, civil liabilities in payment defects. It puts forward payment defects by analyzing the present situation in the assignment of civil liabilities, being with a concrete construction of doctrines of liability fixation, conditions of no-responsibility and scopes of compensation in the third-party online payment providers.Part three, civil liabilities in unauthorized payment. It proposes a concrete construction of civil liabilities for unauthorized payment, including the basic conceptions and some concrete design via an introduction cases, after a comparison with the law and regulations in the United States of America and in Taiwan.Part four, conclusion of this paper.