| In recent years,the rapid development of third-party payment has not only been accompanied by continuous changes in payment methods,but also rapid improvement in financial efficiency.It also brings great challenges to the financial supervision system and the protection of the rights and interests of financial consumers.Third-party payment,which is the cornerstone of Internet finance,has penetrated into people’s daily lives.The standardized operation of third-party payment has effectively promoted China’s economic development and financial prosperity.However,the third-party payment has brought many risks and market disorders while providing convenience.In addition,the lack of self-protection awareness and risk identification ability of financial consumers in the third-party payment,financial consumers are facing more threats such as fund security,personal information security and so on.And the lack of supervision,cause the development of third-party payment presents "disorderly state",is not conducive to the healthy development of the market economy,is not conducive to the security and stability of China’s internet finance.This paper believes that under the trend of all countries in the world in the field of Internet financial supervision to break the separate supervision mode and establish a unified regulatory body for supervision,China’s current regulatory system should also be adjusted,from the division of supervision to the focus on functionality.Regulatory up.The introduction of existing normative documents such as relevant payment management methods failed to fill the gap in legal supervision and the legislative level was low,and the authority was not strong enough.Therefore,the relevant legislative departments should formulate a legal system on the supervision of third-party payments on a macro level and raise the level of legislation.At the specific institutional level,the regulations should be refined.Although the “Consumer Protection Law” revised in 2014 has improved the protection provisions for consumers’ personal information rights,it is specific to financial consumer rights,such as financial security rights and knowledge.The system of power and dispute resolution failed to fulfill the duties of replenishment and perfection.Future legislation should clearly stipulate some vague issues,and there is also a lack of special financial consumer rights protection laws.The existing litigation system regulations and dispute resolution mechanisms also do not match the characteristics of Internet financial disputes,and it is difficult to apply,resulting in the difficulty in realizing the protection of rights and interests.Based on this,the second chapter of this paper starts with the definition of the connotation and type of third-party payment and the definition of financial consumer.At the same time,it analyzes and sorts out the legal relationship between the third-party payment platform and the participants,and states that it should pay attention to third-party payment.The reasons for the protection of financial consumers in China;The third chapter is about the structure and description of the actual legal dilemma of financial consumer rights protection in third-party payment,from system design to specific legislation and dispute resolution;In the final chapter,the comparative analysis method is used to analyze the relevant legislation and specific system experience of financial consumer rights protection in third-party payment in countries such as Europe and the United States,and to dialectically.In terms of supervision,China should adopt a functional supervision approach to protect the interests of financial consumers as an important target of financial supervision.At the legislative level,the legislative level of protection of financial consumer rights in third-party payments should be improved,and the existing provisions should be refined and comprehensively regulated,including improving the disclosure system,improving the personal information protection system,strengthening the security of funds,and clarifying the attribution of suffocation.The determination of the responsible party for the payment of errors and the sharing of responsibilities.The case jurisdiction and the burden of proof system should be formulated to match the characteristics of Internet financial disputes,and the online dispute resolution mechanism should be used to effectively resolve disputes. |
