Research On Legal Problems Of The Protection Of Consumers' Rights And Interests In The Third Party Payment

Today,the third party payment institution is an emerging financial intermediary,however,its legal qualitative is not very clear and also its legal relationship with the customer and the bank is not very doubtless.In addition,due to the virtual nature of the Internet and among our country,at present stage,the lack and vulnerability of legislation,the originally existing information asymmetry in the traditional financial market and the potential moral risks of financial institutions have a more adverse effect on consumers,and the right to know,the right of privacy and the transaction security right are facing the severe test.The purpose of research of this thesis is to define the legal nature of the third party payment platform and ravel out the legal relationship between the third party payment platform and customers involved during the business operation of the third party payment institution,then to point out the existing focus questions in the protection of the consumers' rights and interests in the third party payment in our country,and to conclude the inspiration based on the advanced legislative experience in the protection of consumers' rights and interests in the third party payment outside the country,and finally aiming at the existing focus questions in the protection of the consumers' rights and interests in the third party payment in our country,to put forward some specific measures to improve the protection of consumers' rights and interests in the third party payment.This paper is divided into four parts:First,it mainly discusses the definition of network payment and the research on the protection of consumers' rights and interests.This chapter first explains what is the third party payment of Internet,then introduces the legal nature,it has what kind of payment process,and finally through the comprehensive discussion to determine the third payment platform in the business process and point out the legal relationship between the third party payment institutions and two of its customers.Two,after the research of the third party payment information security,we found that consumers' privacy especially sensitive information leaked is one of the most severe problem.In order to solve this problem,this paper draws lessons from the legislative experience of the European and American on its way to protect consumer's right of privacy,and puts forward some legislative proposals to resolve the risks,such as the combination of national legislation and industry self-regulation.The third chapter focuses on the analysis of the third party payment service in information disclosure,at the same time,I learn the experience of other countries and put forward some suggestions according to our current problems,such as the implementation of periodic disclosure.The fourth chapter is the analysis of the error handling of the third party payment and the supervision of the payment of the third party payment.According to the legislation,reflect in practice and practice reference on financial regulation,error handling,and puts forward the improvement measures,strengthen the infrastructure construction such as the implementation of the provisions of account classification measures,the establishment of a deposit insurance system and improve the risk reserve.