Research On The Legal Supervision Problem Of Third-party Payment Platforms In China

With the appearance and popularity of the Internet,e-commerce has developed rapidly.Traditional payment methods are not adapted to the new transaction methods,they are becoming more and more difficult to satisfy the needs of users.Based on this,third-party payment has emerged as a product of the Internet era.Because of the characteristics of its credit intermediary,it provides the unparalleled convenience of traditional payment for Internet payment or mobile payment.It has gradually gained recognition from users and has been widely used.However,as an innovation product in the financial field,it cannot be left unchecked in a vacuum environment,and legal supervision is particularly important.As far as the normative documents promulgated by the central bank of China are not perfect,there are many problems such as low legal level and lack of forward-looking and systemic issues.On the basis of integrating relevant laws,regulations and rules in the development of third-party payment in China,combined with the current situation of legal supervision in China and the experience of extraterritorial legal supervision in the United States and the European Union,it puts forward effective suggestions for the legal supervision of third-party payment platforms in China.The first part is an overview of the concept of third-party payment platform,and the legal nature of the dispute also shows the relevant views.In order to understand the legal supervision of an industry,it must be based on the previous legal supervision,combined with the existing legal system for analysis,so in the first part,a brief summary of the development process of the third-party payment platform,Through its development stage,it integrates the legal supervision measures that are matched with it and makes a slightly detailed explanation.The second part mainly analyzes the meaning and nature of the deposited funds.It points out that the supervision of the deposited funds in China's regulatory laws is insufficient,and the ownership and income of the funds are not legally recognized.In the aspect of supervision law,the highest level of supervision is the level ofdepartmental regulations,which has the problems of low level and lack of systematic construction.The third part discusses the supervision methods at the federal and state levels in the United States,the deposit insurance extension system for the third-party payment system,and the supervision system for the electronic monetary institution established by the European Union.The fourth part clarifies that the ownership and income of precipitation funds should belong to users,and appropriately combines the successful experience of Europe and the United States,and proposes that China should establish a legal supervision system centered on the central bank and coordinated with multiple departments on the basis of clarifying the legal attributes of third-party payment platforms.