The Allocation Of Responsibility On Unauthorized Payment In Third Party Payment Transactions

With the vigorous development of the third-party payment industry,this new way of payment in our daily life has become more and more popular and necessary.Although third-party payment unauthorized trading is frequent,there are some gaps between legislation and practice,development of related research is lagging behind the practice as well.In this paper,combing the legal relationship of the third party payment,and arranging the present domestic legislation situation,the domestic judicial practice and foreign regulations.the paper analyzes the main problems currently exist in this field,and puts forward his own suggestion on legislation and judicial practice.In this paper,I hope to make a contribution to the healthy development of China's third-party payment industry.This paper is composed of four chapters.The main contents are as follows:The first chapter is about the basic theory of this article.In order to make this article research object clear and definite,clarify the controversial in the academic research in the related fields,It write about definition of third-party payment,illustrate the concept and types of third-party payment unauthorized transactions.At the same time,it also sorted out the legal relationship in the third-party payment,as the theoretical basis for the following parts,and provided theoretical support for the trial practice.The second chapter is the analysis of the status quo of the allocation ofresponsibility on unauthorized payment in third party payment transactions.Start with the current situation of legislation,and summarized the domestic present legislation,and then collect precedents in judicial practice,figuring out how courts ruling it and its reason.In addition,this chapter collects and collates the relevant provisions of the European Union,the United Kingdom and the United States,providing reference for domestic legislation.The third chapter is the result of the previous chapter,and analyzes the existing problems in the allocation of responsibility on unauthorized payment in third party payment transactions.Firstly,there is a lack of related laws and regulations,including substantive law and procedural law,the relevant legislation is in a blank state for a long time as well.Secondly,because of the lack of related laws and regulations,the court often make sentence according to payment service agreement,which is not conducive to the user's rights.And most of payment service agreement exists problem that might infringe the legitimate rights of the users.The fourth chapter puts forward some Suggestions from the perspective of legislative and judicial practice,to solve the problems that write in third chapter.Starting from the legislative value orientation,this paper puts forward the principle of respecting value selection,the principle of strictly observing safety line,the principle of technology neutrality and cost-effectiveness.Then put forward specific legislative proposals——clarify the liability of general negligence,clarify the user's obligation of notification and assist,specify the advance compensation system,and apply the inversion of onus probandi.Finally,from the judicial perspective,the Supreme Court shall issue relevant guidance cases to solve the problems of legislative delay and legislative defects.Simple to sum up,this article first chapter is the basic theory,the second chapter is analysis of the current situation of legislation and judicial practice,the third chapter is put forward the main problems existing in the legislative and judicial practice,the fourth chapter is to explore the feasible ways to solve the problem,put forward its own proposals from the view of legislative and judicial practice.