Third Party Electronic Payment Legal System Research

Third party electronic payment in the development of our market is very rapid,according to data released by Alibaba group,2014 Tmall double the transaction total of 11 is 57.11 billion,total trade in 2015 is as high as 91.217 billion,total trade in 2016 up to 120.7 billion,more than a series of data reflects the network payment present a terrible rising trend and has gradually become the main means of payment,especially to Alipay,paypal as the representative of the third party electronic payment platform has become an effective way to solve the network consumption and payment.A number of legal third party electronic payment transactions related to the two sides,the third party electronic payment platform as well as banks and other subjects,each link and the transaction there are potential risks,but because of the absence of vacuum and regulatory policies,the fuzzy law,many defects are exposed,especially the third party payment business rules,operating norms,transaction authentication,risk control,the relationship of rights and obligations of the parties involved in the precipitation of funds and interest income,customer personal information stolen and three party payment service risk and legal regulatory issues have emerged,so based on the actual needs,improve the relevant legislation of third party payment,to prevent payment risks,the parties involved in the maintain the third party electronic payment in the legitimate rights and interests,to ensure the realization of the interests of the participants,has the important theory significance and the Real meaning.In this paper,the author will make a comprehensive and systematic exposition of the subject,the third party electronic payment transactions in the presence of the legal relationship between the parties,to fully tap the existing in the third party electronic payment process in a variety of legal risk and liability,combined with our current laws and regulations and judicial practice,in-depth analysis of the existing third the third-party electronic payment in the loopholes and shortcomings,and put forward some corresponding suggestions for loopholes and shortcomings,to establish a perfect and mature supervision mechanism to guard against possible risks,to meet the needs of the development of the financial market.