Research On The Legal System Of Internet Third Party Payment Supervision

With the rapid development of Internet banking,Internet third party payment came into being.With the independence,openness,economy,fast and other advantages,the third party payment in the financial and economic status of the Internet continues to increase.However,due to the late start of the legal regulation of China,the risk of credit risk,the risk of deposit fund management,the risk of financial crime,and so on are becoming more and more obvious.The central bank has issued a number of regulatory initiatives to strengthen the constraints of the third party payment market order.In 2015,the introduction of "non bank payment institutions online payment service management approach",highlighted the prevention of network risk and the protection of the legitimate rights and interests of consumers.However,it does not provide specific provisions for consumer information security protection,the inherent characteristics of the Internet is still a big risk to consumer information security.A series of policy and the central bank issued to the customer deposit system in detail,although to some extent,helps to prevent the risk of misappropriation of deposit,but the deposit interest attributable to circumvent the problem,not solve the excess reserves of low utilization rate of the Internet,the third party payment institutions still lack a good development space.Therefore,problems of current legislation of legal level is low,weak supervision and lack of mechanism,pay for the healthy development of the market constraints on third party Internet,the Internet shows that the third party payment in our country legal construction task is arduous.Comparative analysis of the United States and the EU legislative supervision system,and learn from the United States to encourage innovation,the concept of moderate relaxation,focusing on the protection of consumer safety,improve the information disclosure system.Special analysis on special issues of customer’s payment,and adapt to the innovative form of payment market,and gradually improve the management system.Learn from the EU legal concept,improve the legislative level,establish the legislative concept,improve the legislative model,and then establish a complete system of the third party payment legislation.Combining with the comprehensive and the key,and on the basis of industry development trend of the third party payment,targeted to improve the legislative system,is the key to the construction of legal supervision system of the current;on the basis of clear legal position,business scope,perfect the management system of customers precipitation funds,deposit interest ownership to exact provisions,and according to the customer deposit accounts should be transparent,comprehensive supervision,to prevent deposit risk.Expand the use of innovative precipitation funds channels to encourage independent innovation of Payment institutions,thereby optimizing the allocation of resources,and the introduction of real-time monitoring system to ensure the transparency of the information disclosure system is fully implemented.Pay attention to consumer protection,construction of network complaint mechanism,safeguard the legitimate rights and interests of consumers,improve the payment mechanism of real information disclosure system,and system specification of customer personal information confidentiality system,strengthen the third party payment institutions liability and the burden of proof,build up a special protection mechanism,in order to safeguard the legitimate rights and interests of consumers.The establishment of a unified legal system for the supervision of financial crimes on the Internet,the establishment of a special anti money laundering accounts,targeted to address and solve the problem of financial crime.The mechanism of market access is clear,appropriate to reduce the access threshold,to establish a scientific market exit mechanism,and the supervision of the central bank under the leadership of the Internet,as the third party payment institutions to establish business dynamic supervision center,and build a multi-faceted supervision mechanism.