Analysis Of Legal Issues Related To Risk Prevention Of Third Party Payment On The Internet

Along with the rapid development of network communication technology, the human society has entered into an information era in which the application of internet has penetrated into every aspect of our daily life. The third-party online payment, a new payment tool, while bringing great convenience to people's work and life, also introduces a series of risks:many effective traditional legal systems and regulation fail to function in online payment and many problems still remain to be solved from institutional perspective. The dispute that whether the third-party online payment works as a technical item which is integrated into the payment system would endanger systematic data and privacy has become a research heat in both theoretical and practical circles.In recent years, the Chinese jurisprudential circle has gradually paied a considerable amount of attention to online transaction and payment issues; correspondently, relevant legal issues regarding third-party online payment has also become a significant academic research topic. In spite of the fact that a series of exposure drafts concerning the security and operational specifications of online payment has been put forward by legislative authority with fair demonstration effects, the third-party online payment is an emerging payment mechanism, which still has various problems in the practice. Therefore, according to the characteristics of third-party online payment, how to develop strategies to control the risk in legal dimension is an urgent matter. This paper contains four chapters apart from the Introduction and Conclusion: The first chapter is a general overview of the third-party online payment, whose definition is discussed from aspects of legislative, academic and the author's individual understanding; Then, the value and necessity of controlling third-party online payment's risk are clarified from aspects of regulating payment agency's behavior, safeguarding consumers' legal rights, and promoting cyber-economic development.The second chapter analyses the existing legislative status and problems of the third-party online payment in China. Based on the difference of regulatory bodies, statutes regarding the third-party online payment have been classified and summarized in order to project the tendency of the whole legal system. Finally, the problems existed in the legal doctrines are further discussed.The third chapter focuses on the assessment and analysis of the legislation regarding risk control and the third chapter focuses on the assessment and analysis of foreign nations' legislation regarding risk control of the third-party online payment. Three aspects including patterns, targets and package instruments of risk-prevention are discussed in terms of foreign countries'legislation; comments are made out of four different perspectives on the aforementioned issues.The fourth chapter presents legislative suggestions for the improvement and perfection of the risk control mechanism for third-party online payment in China, which concludes four dimensions of the guiding ideologies, risk-prevention legislative principles, specific implementations of risk control and reinforcement of self-discipline in the third-party online payment industry so as to construct a reasonable, well-organized third-party online payment risk control Legislative System.