The Research On Law Of The Consumers' Rights Protection In Online Third-Party Payment

With the rise of Taobao and other online trading sites,attached to the network transactions of the network of third-party payment of the network sudden emergence,gradually replace the traditional face to face payment methods widely recognized by consumers.Network third-party payment is the Internet transactions in the buyers and sellers do not meet each other and the credibility of the product derived from the problem,that its accession can ease the consumer in the online trading of the disadvantaged position,when the real problem occurs,find the consumer's Weak position becomes more obvious,and into a deep-seated legal relations within the field.The most worrying is that in the absence of legal constraints in the case of the traditional "face to face" the legal provisions of the transaction difficult to regulate the network of third parties to pay,resulting in the use of third-party payment network users in the process of problems arising from unresolved,The contradictions between the two sides have intensified in recent years.People's Bank of China since 2010 promulgated the “Administrative Measures for the Payment Services Provided by Non-financial Institutions”and supporting the “implementation details”,the network third party payment was formally incorporated into the legal regulation.This year,the official one after another introduced a variety of laws and regulations to regulate the network to pay third parties,in particular,the central bank promulgated by the end of 2015 "Measures for the administration of non bank payment structure network payment services" known as the third quarter of the network pay the most stringent new regulations.It protects the third payment of the network by protecting consumers' right to information,information protection and financial security.However,due to the development of third-party payment network is too fast,the protection of the rights and interests of consumers is not mature enough,in the comprehensive introduction of laws and regulations and the actual situation,the protection of consumer rights arising from the legislative issues mainly reflect the following five aspects: personal information Protection,information disclosure system,reserve ownership,payment error handling loss rules and third party infringement liability distribution.These problems seriously damage the daily life of consumers,causing consumer distress and thus hinder the follow-up to the development of third-party payment network.Therefore,this article combined with the actual and regulations put forward the following recommendations: First,the restrictions on third-party payment agencies on the use of personal information and improve the personal information protection accountability mechanism.Second,improve the pre-disclosure of information,disclosure of terms of disclosure and disclosure of liability to bear the loss.Thirdly,it is clear that the proprietorship is attributable to the third party payment institution and the establishment of the consumer insurance system.Fourth,improve the payment error problem to solve the problem,and pass the fault to divide the loss to bear the rules.Fifth,the loss of the third person to take responsibility for the re-division of responsibility,and the establishment of public welfare model-based integrity system.