Research On Legal Problems Of Third Party Cross-border Electronic Payment

In recent years,in the background of the rapid development of e-commerce,“overseas online shopping”,“overseas purchasing” and other emerging business also will develop quickly;the third party cross-border electronic payment convenient is naturally favored by consumers.However,because it is cross-border and emerging,the relevant laws and regulations of our country on this aspect is still not perfect,the legal position and the associated legal relations are not defined clearly and the specific corresponding safeguard mechanism is lack in the cross-border consumer rights.And on the one hand,due to the virtuality of the cyberspace has own security risks,it is a great threat to the personal information of consumers and financial security.On the other hand,due to cross-border payment has cross border characteristics,it is inevitable to have legal conflicts in safeguarding the interests of consumers between countries,and we are in lack of information about the interpretation of the relevant international treaties,which makes the protection of consumers' rights difficult and long,so it needs to be taken more seriously.So in order to protect the interests of consumers as the starting point,the paper analyzes the various problems that may be encountered in the third party cross-border electronic payment,and learning from some of the mature experience of European countries to put forward relevant suggestions for improvement.The paper consists of four parts:The first part is an overview of the third party cross-border electronic payments.First of all,the paper from three aspects makes a definition of the basic concept,and then introduces two main payment mode with the help of related trading flow-process diagram,and further analyzes the subject of legal relationship of each transaction in the purchase mode.Secondly it discussed the situation of China's current legislation on the third party electronic payment as well as the existing problems in the protection of cross-border consumer rights.The paper mainly analyses these problems from three levels :the legal problems existing in theory and the practicing in the process of legislation and cross-border transactions.Firstly,the problems of current legislation mainly include the concept of positioning is not clear,the foreign exchange management is not perfect and the existing unfair standard terms in real life.Secondly,the transaction process and the problems about consumer's right to know and consumer privacy of security and the safety of funds are all not well protected.And finally there are a series of problems of conflicts of law,applicable laws and regulations in international transactions.The second part is the related theories and legal practice experience of cross-border third party electronic payment in foreign countries.The part mainly analyses the United States and the European Union to solve these problems more mature experience in legislation,ensuring the safety of funds and cross-border disputes,so as to draw on the relevant inspiration in these aspects in China.The third part is about some advice for the front part of the existing issues in protecting consumer: in current legislation,we should improve the legislative level,improve foreign exchange management and strengthen the interpretation and application of China current legal;in practice,we should strengthen industry self-discipline,broaden their channels to safeguard their cross-border rights,to improve cross-border consumer understand some more financial knowledge and strictly implement the depositing measures;at the international level to strengthen the interpretation of the relevant international rules,build the regional cooperation mechanism and actively contribute to build the network platform of region to solve the dispute.