Research On Protection Of The Consumers' Rights And Interest In The Third-party Payment Platform

Into the 21 st century,e-commerce embraces a period of rapid development,third-party payment as a key link in the flow of electronic commerce,the form of which evolves as well.Third-party payment platform through online third-party payment way to achieve consumers,financial institutions and businesses online money payment,cash flow,capital clearing,query statistics and other processes,provide a preliminary solution to the two major problems of electronic payment and security.However,the third-party payment develops with online transactions at the same time,the existing laws and regulations have not been updated in a timely manner,making Chinese third-party payment industry face enormous legal risks,and consumer protection is one of the issues worthy of attention.Consumers using third-party payment compared with third-party payment agencies in the information,technology,capital scale is clearly in a weak position,the risk prevention ability is weaker than the average level.In 2015 the implementation of the “Measures for the Administration of Network Payment of Non-bank Payment Institutions” has made up for the present situation of the protection of consumer rights and interests on the third-party payment platform to a certain extent,but still cannot fully meet the practical needs of consumer rights protection.In this paper,the protection of consumer rights in the third-party payment platform is taken as the research content,the author carries out a detailed analysis of this issue and put forward the own regulatory recommendations through five parts of the content.The first part is the introduction,which mainly focuses on the background,significance and research status of the topic.The second part is an overview of the third-party payment platform and consumers' rights protection.Firstly,it introduces the conception of the third-party payment platform,legal nature of the third-party payment platform and its operation modes.Moreover,the part discusses the conception of consumer rights and the corresponding theoretical basis,and the necessity of protecting the rights and interests of consumers on the current third-party payment platform is discussed.Finally,it states the different theories of the legal relationship between the third-party payment platform and the consumers.The third part analyzes the current status quo of the protection of consumer rights and interests on the third-party payment platform in China,including the current situation of legislation and the status quo ofsupervision,followed by the full range of analysis of several core problems of consumer rights and interests protection on the third-party payment platform,which includes five parts,the consumer's financial security,personal information protection,the right to know the protection and payment service agreement regulation and dispute resolution mechanism in several areas.The fourth part carries out a horizontal and external investigation on the protection of consumer rights in the third-party payment platform,which focuses on the relevant legal systems of the EU and the United States,and gives several ways that China can learn.The fifth part gives several corresponding advices to the field of consumer rights protection concerning several major problems,which reflects several legislative defects of current situation,and discusses consumer self-protection to consummate specific system,which aims at all-round,multi-level legal framework to the third-party payment platforms and further promote healthy development of it.