Research On The Legal Problems Of The Third Party Payment Of Internet

With the rapid development of e-commerce and the diversification of Internet transactions, the third party payment industry has changed its people's life style and consumption concept. The third party electronic payment to a certain extent, not only changed the traditional cash payment or paper-based payment, and also open a new operation mode for the integrity of the trading environment, the majority of users to eliminate the menace from the rear saves resources and time, cost efficiency, promote the integration of e-commerce and the Internet in the financial sector development. At present, the rise of online shopping to the third party payment of the pace of development of the industry, the third party payment platform such as bamboo shoots after a spring rain continue to emerge and a wide variety of Alibaba's third party payment platform Alipay deodorants quickly occupied the A new force suddenly rises.,the entire market, and gradually expand the scope of business, from the initial settlement for payment and gradually began to pay water and electricity fees, transfers,credit card payments, mobile phone recharge and other aspects of daily life. However,in the continuous expansion of the increase in market share and business scope, in addition to the third party payment of Internet participation in the field of the body more, perplexing the civil legal relationship, third party Internet payment platform and other subjects in civil disputes have become more and more obvious; the legal nature and the interests of customers precipitation funds of ownership has not yet been determined, and the risk is unknown; the burden of responsibility unfair distribution of the effectiveness of the third party payment of Internet in terms of format. Found in the practice of these problems for us to study and solve the urgent need to further strengthen risk prevention, the establishment of industry standard,guide the payment industry specialization, scale, diversified development trend,effectively safeguard and protect the legitimate rights and interests of users.Based on the analysis of the definition of the legal status of the third party payment with the further analysis of each participating in the civil legal relationship between the main and the existing civil law issues, trying to put forward improvement measures aiming at the existing problems. The text is divided into three parts. The first chapter begins with the laws and regulations and relevant scholars on the legal status of the third party payment is analyzed and positioning, and then sort out the third party payment transactions in the network of participants, mainly around the third party payment platform, and focuses on the third party payment platform with both parties, the third party payment of civil legal relationship between the platform and banks are described; the second chapter, on the basis of the analysis of our country on some legal issues of the third party payment exist, including money management is not perfect, the standard clauses is unknown, the provisions of the civil contract and tort liability in the third chapter, fuzzy; legal issues of China's third party payment existence and combination the current situation of our country, from the perfect precipitation funds management, construction management, format of the terms of the third party payment mechanism, perfecting responsibility Consumer rights and interests protection mechanism, establish and improve the market access and exit mechanism and put forward countermeasures and suggestions to construct and perfect the third party in the field of payment, third party payment gradually strengthen the supervision field and construct a complete legal system.