Research On Consumer Security Protection In Third-Party Network Payment

In recent years,with the diversification of shopping methods and the development of e-commerce,innovative third-party payment has become a new favorite of consumers because of its convenience and economy.Consumers only need to register a private account to bind bank card to achieve payment settlement,allocation of funds and other functions.However,with the increase of third-party network payment users,there are a series of problems,such as consumer personal information leakage and financial security risks.Because of the highly virtualization,specialization and technical characteristics of third-party network payment,the information asymmetry between consumers and third-party network payment institutions makes consumers in a disadvantaged position.At present,the supervision of third-party online payment in our country lags behind that in European and American countries.The protection of consumers' safety rights is scattered in some laws and regulations,lacking pertinence.With the emergence of third-party online payment services,the decisive factor of enterprise development is gradually linked with how to ensure the safety of consumers.In order to clarify the legal nature of third-party payment institutions,this paper adopts comparative study and related literature to clarify the basic relationship between third-party payment and consumers.This paper probes deeply into the legal issues related to the protection of consumers' security rights in China's third-party online payment,and studies the comparatively advanced experience of the United States and Europe.It is inspired by the protection of consumers' security in third-party online payment.Finally,according to China's national conditions,it puts forward specific measures to strengthen the protection of consumers' security rights in third-party online payment.The first part puts forward the development background of third-party payment,points out that it brings security risks while providing convenience for people's daily life,analyses the theoretical and practical significance of the research on the protection of consumers' security rights of third-party network payment,and expounds the research status of this topic at home and abroad.Two innovative points are put forward.On the one hand,from the perspective of personal information protection and capital security,this paper analyses theprotection of consumers' security rights in third-party network payment.On the other hand,by comparing and analyzing the legislative and judicial status of our country and foreign countries on this subject,drawing lessons from the legislative experience of the United States and Europe and the United States,we can draw inspiration from restricting Payment institutions to collect personal information,clarifying the attribution of interest on deposited funds,and standardizing payment error handling procedures.The second part summarizes the definition of third-party network payment and consumer security rights.The author defines third-party online payment as a third-party payment institution providing online transaction payment services from two different perspectives: the essence of integrated behavior theory and carrier platform theory.The third-party network payment has the characteristics of independence,convenience,credit and network.It is concluded that the third-party network payment is a payment and settlement organization with certain financial attributes.General consumer security rights are mainly divided into personal security and property security.Specifically,the security rights in this paper mainly include personal information and capital security rights.The third part analyses the problems existing in the protection of consumers' security right of third-party online payment in China.From the perspectives of personal information,capital security and information disclosure,this paper points out the deficiencies of our current legislation and supervision system.When consumers use the third-party payment platform,their personal information is often embezzled,sold and so on,which leads to the serious leakage of consumers' personal information.This paper makes an in-depth analysis of the infringement of consumers' right to financial security,mainly including the lack of specific regulations on the management of deposit funds,the unclear attribution of interest on reserve funds deposited in third-party payment institutions,and the imperfect handling mechanism of payment errors.This paper discusses the information disclosure system of third-party payment,and puts forward the viewpoint that the legislation of information disclosure in China is not systematic,the main body of information disclosure is low,the scope of information disclosure of third-party payment service is narrow and the form of information disclosure is too simple.The fourth part is foreign legislation and supervision experience on consumer protectionof third-party payment.This part analyses the protection modes and legislation status of consumers' security rights in third-party payment in the United States and Europe,and summarizes the reference significance of supervision and protection measures in the field of third-party online payment in China.The fifth part puts forward the supervision and protection measures for the problems in the third part.In the process of perfecting the protection system of consumer's personal information security right,we should establish a unified personal information protection law,correctly locate consumer's information disposition right,and refine it by setting up information decision right,security right and deletion right,restrict the scope of information collected by third-party payment platform,improve the mechanism of punishment and compensation,and improve consumer's capital security protection.Regarding the system,it is necessary to determine the ownership of deposit interest,put forward the viewpoint that the interest of deposit fund belongs to consumers,improve the supervision system of payment grade and the system of handling payment errors,when standardizing the information disclosure system of third-party payment institutions,we should improve the formulating subject and legislative level of information disclosure,perfect the procedure and content of information disclosure,and the form of information disclosure.The model should be more standardized so as to provide consumers with security.