Civil Liability Analysis Of Third-party Payment Platform

Since Jack Ma proposed the concept of "third-party payment" in 2005,more than a decade has passed,and third-party payment has profoundly changed the consumption and living habits of people in China and the world.Third-party payment has touched all aspects of the society,online and offline,not only in business,transportation,medical treatment,water and electricity bills...As long as you think about where the money is needed,there will be a third-party payment.However,in general,third-party payment is still a new product,which brings great challenges to the application of existing laws before the special system is introduced.The universality of the third-party payment participation subject makes the legal relationship between the subjects very complicated,which makes a huge difference in the recognition of the civil liability between the subjects.In real life,payment platforms such as alipay and We Chat are playing a more and more important role,and the application fields are becoming more and more extensive,and the civil disputes arising from them are endless.However,the third-party payment platform,with the help of its strong commercial position,will make the format contract,which will inevitably have detrimental to the user's interests.Under the existing system,it is necessary to clarify the relationship between the subjects,reasonably determine the sharing of responsibilities among the subjects,settle disputes,and maintain the harmony of the network payment environment.The main body of this article is four chapters.Chapter 1: overview of third-party payment platforms.First of all,we will conclude the third-party payment platform from the perspective of concept and type,and clarify the object of this study.Secondly,combining with the existing theory of law and academia,the third-party payment platform with the user exists between two relations,depository relationship,guarantees,relationship between financial services with the bank,and there is a principal-agent relationship between network trading platform.Chapter two: third-party payment platform independent responsibility.The independent responsibility means that the third-party payment platform needs to bear independently and not share the civil liability with others.This part of the responsibility mainly includes: payment of defects and disputes arising from the responsibility of the wrong case.From responsibility present situation,the existing legal regulation analysis of responsibility,is clear about in the third-party payment platform should be in accordance with the contract law of the agency appointment contract liability for breach of contract,the provisions of the imputation principles such as bear corresponding legal responsibilities.Chapter three: third-party payment platform and user's responsibility sharing.This paper introduces the responsibilities of the platform party due to user factors.Analysis of unauthorised payment,user's relief approach.Establish the guarantee responsibility of the third-party payment platform in the "guarantee transaction".Chapter four: the third-party payment platform is Shared with his people.This paper introduces the liability of third-party payment platform and bank and network trading platform,and carries out the principle of "protecting consumers".