Research On The Rights Protection Of Financial Consumer In Third-Party Payment

In recent years,Internet finance has developed rapidly in our daily life,which changing the model of enterprise production and sale as well as the development pattern of the national economy and people's lifestyle.As the core of Internet finance,the third-party payment has already covered all aspects of people's life,which is beneficial for state economy development and financial prosperity.However,third-party payment also could be a victim of its own success.On one hand,the consumers of the third-party payment are generally lack of the awareness and ability of self-protection and risk identification,which might trigger more threats about capital and information security.On the other hand,the development of the third-party payment is “disorder” because of the lack of relevant legislation and regulation,which is harmful to the healthy development of market economy and the security and stability of the Internet finance.To be more specific,firstly,the problem of third-party payment is the imbalance between legislation and supervision,as well as the disputes resolution.Secondly,the provisions about the protection of consumer rights,such as capital security right and personal information right,did not have substantial promotion during the process of the amendment.Thirdly,the definitions and fundamental regulations about rights and obligations should be more precise even though the state council has already made a special explanation towards it.Finally,a series of government documents about financial consumer rights and interests protection made by the state council and the people's bank of China plus guidance in assisting interpreting and applying the law.Although these documents' purposes or legislative intent is to prevent the interests of consumers from violating by others wrong doing,they should be more detailed and supported by necessary regulations.With the rapid development of electronic commerce and national governance modernization,the research on financial consumer rights and interests protection during the period of third-party payment from theory and practice aspects is ofsignificance so that the problems about payment operation,finance order and right protection could be solved.So this paper will discuss the legal system of consumer rights protection law from the perception and reality: Firstly,this paper start from a typical case analysis to point out its research themes;Secondly,this paper make a simple introduction about the definition,connotation and characteristics of the third party payment,as well as the legal relationship between third-party payment platform and the parties and the necessity of financial consumer protection during the process of the third-party payment;Thirdly,this paper make an outline of the third-party payment history in China,then analyze the situation and dilemma of protecting the rights of financial consumers in third-party payment;Fourthly,this paper discuss the legal system and legislation of foreign countries,such as Europe and America,in order to learn the experiences and lessons from them by the method of comparative research;Finally,the paper provide the recommendations and detailed opinions about how to protect the rights of financial consumers in third-party payment from the aspects of relevant legislation,supporting institutions and remedy provisions.from the aspects of legislation,supporting system and relief channels to improve the proposed consummates our country third party payment in some specific Suggestions of financial consumer rights and interests protection system.