Regulation Study On Electronic Payment Service In China In The Form Of GATS' Commercial Presence

The verdict of "China-certain measures affecting electronic payment services" is an important node in opening up the e-payment service market in China.This case makes it clear that China has made a commitment to the opening of the e-payment service market in the form of commercial existence in the commitment form of WTO accession.After the decision of the case was made,China actively fulfilled its obligations and accelerated the opening of the electronic payment service market.In 2015 and 2018,the State Council and the People's Bank of China promulgated the Decision on the Implementation of Access Management for Bank Card Liquidation and the No.7 Announcement on the Access of Third Party Payment Agencies with Foreign Capital(2018).These two documents clarify the open policy in the two major areas of electronic payment service,which gives clear policy support to the opening up of electronic payment service industry.However,there are many imperfections in the regulation of electronic payment service market in our country,which fails to take full account of the opening situation of the market to foreign investment,and some of the contents of the regulation are inconsistent with GATS rules.Therefore,from the point of view of the existence of electronic payment service business,this paper analyses the existing problems in the regulation of bank card liquidation service and third-party payment service,especially in the regulation,and finds out what specific measures in the current regulation violate China's WTO commitments and foreign investment enters China's electronic payment.What are the substantial obstacles or negative impacts of the service market? On the basis of the above research,it is concluded that China should pay attention to the coordination between regulations when formulating the relevant regulations on electronic payment services,and examine whether the contents of regulations are consistent with the obligations stipulated in the Agreement on Trade in Services.At the same time,China should actively participate in the negotiation of agreements in other countries or regions to strive for the voice of rule-making,and promote the standards or modes of regulation of electronic payment services to other countries,which is conducive to opening up the electronic payment service industry in China and going overseas.