Research On The Legal Supervision System Of China's Internet Third-party Payment

In recent years,electronic payment that emerged in the context of e-commerce has appeared in people's field of vision.Electronic payment represented by Internet third-party payment has become the focus of attention.As a new type of electronic payment method,third-party payment has the characteristics of convenience and high efficiency.It has subverted the traditional payment methods and is popular among the masses.However,due to the late start of legal supervision in China,third-party payment brings convenience and hidden dangers,such as hidden dangers of funds,hidden risks of account information disclosure,hidden dangers of money laundering,etc.These hidden dangers are becoming more and more apparent as the industry develops.At present,China's legislation is still not perfect,and in the face of these problems and hidden dangers,improving relevant legislation is undoubtedly the most effective solution.In this regard,China's regulators have gradually changed their regulatory attitudes,vigorously carried out various regulatory measures,and successively introduced relevant laws and regulations to strictly regulate and adjust the market behavior of third-party payments.Since 2010,the central bank has successively promulgated a series of policies and regulations to regulate and guide the benign development of the third-party payment industry.Among them,the“Management Measures for Payment Services of Non-financial Institutions” and the“Procedures for the depository of user reserves of payment institutions” are more important.The introduction of these two laws has filled the gap in the third-party payment industry,changed the state that payment institutions cannot be relied upon,and played an important role in the effective supervision of the industry.After 2015,the central bank began to strengthen supervision and issued a series of policies and regulations.The promulgation of these legal documents has indeed alleviated the problems in the industry.However,since most of the above laws are principled,some specific systems It is still not perfect,and there are still some difficulties in the supervision of third-party payment,such as the regulatory problems caused by the unclear legal position of the payment institution,the financial security problems caused by the unclear interest rate of the deposited funds.These problems have seriously led to the third-party payment industry.The development has entered the bottleneck,and the Internet third-party payment industry continues to innovate and replace.In the future,the market is unpredictable.It is necessary to improve the regulatory system and strengthen regulatory legislation to make up for the shortcomings in current regulation and to cope with the trend of future regulation.The purpose of this paper is to study the status quo of Internet third party payment legal supervision in China,analyze the problems and deficiencies in current supervision,and make some feasible suggestions for the improvement of third party payment legislation and supervision in China by examining the extraterritorial related systems and drawing useful experience from it.The proposal is to build a set of effective third-party payment legal systems to provide third-party payment for future development.This article will be divided into six parts:Chapter 1: Introduction.This chapter first explains the background of the topic.Secondly,through reading and combing,this chapter reviews the research status of domestic and foreign third-party payment legal supervision systems.Finally,the research methods and innovations of this paper are introduced.Chapter 2: Overview of Internet Third Party Payments.This chapter first analyzes the meaning of third-party payment and Internet third-party payment,and further clarifies the connotation of Internet third-party payment by comparing with the similar concept,and on this basis,defines the research subject of this paper as the Internet in third-party payment.Third party payment.Secondly,the classification of Internet payment is introduced,which is divided into three categories according to different classification criteria.Finally,it analyzes the many risks in the industry,which need to be effectively supervised by law.Chapter III: The status quo and problems of Internet third party payment legal supervision.This chapter analyzes the current status of supervision from the three aspects of subject,object and content,and analyzes the problems and deficiencies in the supervision of the current system,mainly in the imperfect specific legal system such as deposit fund management and consumer rights protection.The supporting mechanisms such as market exit system and platform positioning are missing.Chapter IV: Investigation of the legal supervision system for third-party payment outside the territory.In the analysis of the US and EU third-party payment legal supervision system,it is not difficult to find the perfection of the third-party payment legal supervision system in the United States and the European Union.The platform has a clear legal status,takes into account legal supervision and encourages innovation,and pays attention to consumption.The protection of rights and interests,the settlement of funds and interest are clearly defined.In this regard,these excellent experiences can be selectively introduced into China's regulatory system.The fifth chapter: the construction of the Internet third party payment legal supervision system.Based on the analysis of the previous article,drawing on the excellent experience of the United States and the European Union,and focusing on the problems and characteristics of the third-party payment industry in China,the legislation on the third-party payment industry in the future in China will be governed by three principles: regulatory principles,specific legal systems,and related supporting systems.Corresponding suggestions for improvement were put forward separately.