A Comparative Study On The Third Party Electronic Payment In China And U.S

In recent years,some foreign countries third party electronic payment services development gradually and orderly state,the relevant laws and regulations have been gradually perfected,the United States as the rise of e-commerce in the country on behalf of the third party electronic payment legal regulation of the development and improvement of the most ancient.With the continuous development of China's application to Alipay as the representative of the third party electronic payment,third party payment services continue to increase their business scope and areas,relevant laws and regulations are also involved in increasing the complexity of the legal content increased to a certain extent.The entry threshold of new market players and the inconsistent exit after supervision are related to the relevant laws and regulations regulating e-commerce market order,maintaining reasonable competition and consumer rights and interests.The increasing consumer demand for funds,new electronic payment flow management and ownership,the legal supervision system of capital market caused some challenges,large-scale precipitation funds is more impact in the fruits of the legal problem.And the third party electronic payment is based on the open electronic information technology.The traditional legal protection system is difficult to protect the rights and interests of consumers in all aspects.In this paper,the United States as the comparison of prototype,first explained to the third party electronic payment service concept and the core and key of the legal system,the third party electronic payment services in the development status and characteristics of the present stage,and in the market economy theory,from the basic theory of the third party electronic the payment service to make bedding statements.In order to highlight the contrast,the market access and exit,the capital management and the protection of consumers' rights in the third party electronic payment service respectively conduct institutional comparison on the legal regulation between China and the United States.The two countries in the legal system of market entry and exit permits,mainly from the capital guarantee new payment and exit mechanism in domestic made regulations in line with national conditions and legal construction;legal system in fund management,fund management the third party electronic payment service in the deposit is mainly concentrated in the extension of the two level management system the insurance system and the federal and state,while in China mainly focus on the customer deposit,and account system combining fruits belong to the system of norms;the consumer rights and interests protection law system,the two sides have focused on the consumer's right to know,the transaction security and privacy protection system of regulations and comparison.The United States as a pioneer of payment service development regulation of third party electronic,the "unified monetary Service Act","electronic funds transfer law","real credit law" and other relevant laws will be content to a certain extent,of China's third party electronic payment service legal system to give the corresponding enlightenment.The perfect legal system is to protect the shield of the healthy development of market economy,by comparison with the United States third party electronic payment service legal system,can help us to find the development path and convenient in legislation and practice in our country,combined with the present stage of our country,the experience and Enlightenment in our judicial practice.