Research On The Legal System Of Market Access Supervision Of The Third-Party Payment Platform In China

At the beginning of twenty-first Century,the third-party payment is becoming more and more widely used with the development of electronic commerce in our country.According to analysis survey data,only the first half of 2016,the total size of the Internet payment transactions of third-party payment industry in China has reached 9.0148 trillion Yuan,the momentum of development cannot be underestimated.However,China's regulation for this industry is imperfect,especially in the market access system which has the control effect from the source,which is not in conformity with the importance of this industry.It caused the chaotic phenomenon occurs frequently in this industry,the phenomenon of using the third party payment platform to engage in illegal and criminal activities has often occurred.Therefore,to protect the healthy development of China's third party payment industry,it is necessary to improve the legal system of market access supervision of the third party payment platform.Study on the legal system of market access supervision of third-party payment platform,that is,to study the legal system and norms about examination and approval of non financial institutions that apply for payment and settlement market,and provide payment and settlement services,then confer business licenses of third-party payment enterprises that meet the statutory requirements.Based on the analysis of its shortcomings,puts forward some suggestions,in order to improve the supervision of the third-party payment platform market access,to establish a good market environment in third-party payment field,protect the interests of consumers,maintaining the safety of transactions,crack down the criminal activities that use of third-party payment platform,to protect the country's economic security.The third-party payment originated from the United States,PayPal,the first third-party payment platform in the world was established in California in 1998,it is still one of the most widely used online payment service providers in the world.Subsequently,the third-party payment in the European Union,Japan,Australia,Singapore and other countries and regions have also been developed,these countries and regions have adopted a special legislation or amendments to existing laws,established mature legal system of the third-party payment.Compared with China,the EU and the United States third-party payment market access regulation legal system are more perfect,and there are some common,for example,they both provide a clear license system and licensing conditions;provision of capital requirements into the market flexibly,etc.The part that benefit to the development of the third-party payment industry of these system designs is worth learning.With the increasing importance of the third-party payment,regulators also pay more and more attention to the supervision of the third-party payment industry.However,there is not enough attention to the market access regulation.There are still some problems that cannot be ignored in the supervision system of the third-party payment market access in China,such as lack of legal system protection,supervision subject is too single,access conditions set with defects,the legal systems of market access of foreign investment are imperfect,regulatory measures are not clear,etc,all these problems hinder the healthy development of the third-party payment industry in China,and need to be improved.After summarizes the legal norms,regulatory bodies,regulatory forms and access conditions of the third-party payment platform in EU and the United States,and analyzes the present situation and problems of the legal system of market access supervision of the third-party payment platform in China,we can improve China's third-party payment platform market access regulation legal system from the following aspects:First,improve the legal norms of the third-party payment platform market access regulation,strengthen legal protection;Second,reasonably set up the main body of supervision,sharing the responsibility of supervision;Third,optimize the access conditions,the minimum amount of registered capital and amount of deposit;Fourth,make clear the restrictions on foreign investment,improve the legal systems of market access of foreign investment of the third party payment platform;Fifth,improve regulatory measures,detailed audit standards.