The Consumer Financial Protection' Rights And Interests From The Perspective Of Third Party Payment

Since the rise of third-party payment,its own fast and efficience has won the favor of many consumers and solved the traditional transaction single-handedly hand delivery of the dull and inconvenient.But the pros and cons of the same phase,on the one hand is the third party payment institutions Development,on the other hand is the increase in financial consumer complaints and prosecution cases.The development of third-party payment institutions is in the ascendant in our country,but compared with foreign countries,both China's theoretical and practical research are lagging behind.Especially in the third-party payment institutions in the practice of financial consumers in the privacy of infringement,third-party payment agencies to precipitate the fruits of financial assets attributable to financial consumers and the right to know the lack of claims and other issues.This paper hopes to learn from the advanced legislation technology of foreign countries,at the same time with the actual situation of our country to be co-ordinated,with a view to the first of our country,the first time to pay attention to the financial situation of the financial crisis,Three-way payment of financial consumer protection in legislation to provide ideas.The contents of this article are divided into four chapters:The first chapter first defines the third party payment and online payment,electronic payment and other related concepts of the analysis,while a brief analysis of its legal status and division of the types;second clear third-party payment agencies and online buyers and sellers of the legal relationship;The concept of financial consumers to define and the protection of the particularity and necessity of analysis.The second chapter focuses on four major problems in the protection of financial consumers 'rights and interests in the third party payment: the first section is the protection of financial consumers' privacy right in the third party payment;the second section analyzes the explanation of the service organization in the third party payment The third part of the third party payment is concerned about the financial interests of the financial interests of the victims of the problem.The third chapter is the third chapter through the use of the United States and the European Union,the two countries(regions)in the field of third-party payment of advanced legislative technology,embodied in the legal status of third-party payment,third-party payment system,third-party payment The protection of financial consumers 'privacy,the supervision of the third party payment institutions,and the design of the financial consumers' right to know in the third party payment,which will provide an important reference for the future legislation of the third party.The fourth chapter is based on the problems existing in the third party payment of financial consumers in China,and draws lessons from the experience of the United States and the European Union and other countries based on the actual solution.In the first section,the author puts forward some measures to solve the problem of the loss of privacy of financial consumers in the third party payment through the development of the law of regulating the privacy right of financial consumers,strengthening the principle of combining government supervision and industry self-discipline and accelerating the establishment of social credit system.The third section can solve the problem of information disclosure of third party payment institutions through the establishment of a system to clarify the obligations and information disclosure obligations;the third section can be used for the implementation of the United States in view of the difficulties of the third party payment institutions.Of the deposit extension of the insurance,the EU adopted a special earmarked system and China's experts put forward the risk of capital management system and precipitation fund prior consultation mechanism to be improved.In order to solve the problem of financial consumers' compensation in the third party payment,we think that we can solve the financial litigation dispute resolution mechanism,establish the online financial dispute settlement mechanism,implement the financial consumer public interest litigation and small litigation And the construction of FOS dispute resolution mechanism to solve the third party payment of financial consumer compensation problem.