| Payment agency plays an important role in the system of payment and settlement and it is a very important financial infrastructure.In recent years,with the rise of e-commerce,third-party payment institutions came into being,and had promoted the vigorous development of Internet finance.The third party payment institutions provide basic channel for new financial products such as Internet financing,P2P and all chips.By using information technology such as Internet and mobile communication,the advantages are given to the public.Fast and convenient retail payment service has gradually become one of the most important non-cash payment methods,and plays a key role in the small micro-financial area.Third-party payment institutions have grown mature in the domestic market.Many institutions have now set foot in the field of cross-border payments.The expansion of the cross-border payment business has brought a rare opportunity for our country.Based on the current international situation,the Asian Infrastructure Investment Bank and the currency swap agreement are all increasing the international influence of RMB.The third party payment platform is trying to cultivate user habits,improve the influence of the RMB and therefore improve the position of RMB in the international money market.However,in parallel with the opportunity,there are various risks and legal issues that exist in the cross-border payment of third party payment institutions.In terms of current development and supervision,although China has introduced some laws and regulations on the supervision of third party payment agencies,there are still some unavoidable loopholes in the issue of third party cross-border payment.First of all,from the point of participants,China has not yet established a comprehensive protection mechanism to protect the rights and interests of consumers;Secondly,from the perspective of the maintenance of financial market order,China still need to explore an effective method to avoid money launder risks in Cross-border payment,and to improve the foreign exchange management system;Finally,China's supervision and management system of third-party payment is not yet complete.Improvements shall be done by construct dimensional structure regarding the basic laws,administrative regulations and industry norms.Therefore,this article aims at main legal issues found in these three aspects,starting from the basic legal concepts and legal positioning,discuss the legal problem,and finally make suggestions on how to improve the supervision measures and the system model.By carrying out effective supervision to achieve the healthy growth of third party payment institutions,China can also promote the development of Internet finance,improve the development of the Internet finance,and speed up the pace of internationalization of RMB. |
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