The Legal Protection Of Consumers' Rights And Interests In The Third-party Payment Network

Third-party payment network is a new network model which results from an e-commerce evolving background.From Legal circles' point of view,most third-party payment network studies are from the perspective of the regulatory of third-party payment network,while the studies on consumer protection are relatively few.Unlike other books and literatures,this article focuses on putting consumer protection under third-party payment's overall focal legal problems which are easily caused to discuss and analyze.Moreover,extend consumer rights protection to the system and the practical level of third-party payment.The first section is an overview of the legal protection of consumer's interests in the third-party payment network.This part mainly introduces the concept,spring up,classification of network third-party payment,and its legal relationship with consumers' rights protection and the necessity of protecting consumers during the process of network third-party payment,which provides a more general,simpler and clearer definition for third-party payment network on the basis of existing concept.Clarify the importance of consumer rights' protection on the basis of defining the relationship between the network third-party payment and consumers.The second section focuses on analyzing legislation of consumer protection in foreign third-party payment network,mainly including the United States,EU,Japan,the United Kingdom,and other countries whose network economy are more developed.The author studies the current status of consumer protection legislation in the third-party payment network,looking for beneficial enlightenment for domestic consumers' rights protection by comparing China and foreign countries,for instance,special legislative system,the limitation of the loss of qualified consumers and the balance between enterprises and consumers' rights and obligations.The third section analyzes the existing focus issues of the system level and the reality level of consumer rights protection under our current third-party payment network.Bring out our country's existing problems of these focus issues in the aspect of consumers rights protection in the level of macro,supervision and macrocosmic.The author believes if we make in-depth analysis of these existing reality problems mentioned above,it is convenient to come up with a more comprehensive solution to solve problems.The fourth part is providing legislative proposal to improve our country's protection of consumer rights in the network third-party payment.This section mainly focuses on analyzing the focus issues mentioned above in the levels of existing legal provisions,the regulatory and the reality.As for network consumer's protection in the aspect of consumer's right to know,financial security,right of resource and other issues that involving China's "Consumer Protection Act","Payment Service Management Approach to Non-financial Institutions" and other existing legal provisions of third-party payment network supervision.The author analysis several focus problems of consumer protection in third-party payment network and make reasonable suggestions.The innovation of this thesis is not only confined consumer rights protection of third-party payment network to the protection of hindsight or traditional consumer protection laws,but also from the overall analysis of the whole legislation,the regulatory level and the realistic level of interests protection of consumers.From the relationship between third-party payment network and consumer protection to expand,combining foreign and the classification of consumer rights in China's"Consumer Protection Law" and the provisions of network third-party payment in"Payment Service Management Approach to Non-financial Institutions",and use chart analysis to analyze the relationship between these two.Use comparative analysis and combine foreign third party payment network's consumer protection to bring out suggestions in legislation,regulatory and other aspects.Make use of empirical analysis to propose countermeasures and suggestions of current legal issues related to consumer protection in the process of network third-party payment.Through doing research on consumer protection in the third-party payment network,the author hopes to inspire the protection of online consumers' rights in theory,to regulate third-party payment services network in the legislation,and to provide specific and operational recommendations in practice in order to better protecting consumers' legitimate rights and interests.