Study On Legal Supervision Of Cross-Border Electronic Payment By Third-Party Institution

Payment is not only the foundation of social and economic activities,but also the core link of financial infrastructure construction.At present,economic globalization is growing,and the baton of achieving international strategy has been gradually transferred to the third party payment industry.With the rapid progress of Internet finance,the cross-border payment services of the third party payment institutions are increasing with the increase of cross-border consumption demand and the rapid improvement of the cross-border e-commerce platform.All kinds of development put forward higher requirements for the supervision of the third party's cross-border payment.But our country's legal supervision over the third party's cross-border payment is not able to keep pace with the development of the payment business.In 2013 and2014,we launched the third party payment institutions' cross-border foreign exchange and RMB payment test,which is less than five years ago.But the legal supervision of cross-border payment is the core issue of regulators in recent years.At the theoretical level,there are relatively few special provisions on "cross-border" or "foreign exchange" in China.In addition to foreign exchange management,there are only a small number of cross-border regulations in the field of anti money laundering and the protection of customer rights and interests.In other respects,the other aspects canonly "indirectly apply" the regulatory legal norms of the domestic payment by the third party payment institutions;The regulation still has some problems such as low efficiency and inconsistency of terms.In practice,supervision and punishment in recent years have not yet prevented the "third party payment market" from happening.It is of great significance to study and improve the legal supervision of cross-border payment by third party payment institutions in the revision of the measures for the management of non financial institutions and the reform of the State Council and the reform of the State Council.The text of this article is divided into the following four parts.In the first part,the basic problems of cross-border payment by the third party payment institutions are systematically discussed,and the basic meaning,operation process and legal relationship of the third party cross-border payment are explained.The basic meaning is divided into third party payment and third party cross-border payment,and the latter is subdivided into cross-border foreign exchange payment,cross-border RMB payment introduction,and the status of third party cross-border payment is briefly introduced.In view of the operation process,the same first introduces the three types of bank gateway payment,quick payment and payment of the general third party payment.The account balance is paid,and then the cross-border payment,according to the difference between cross-border payment and cross-border RMB,is introduced to the flow of non acquisition and acquisition of the foreign exchange payment license of the foreign exchange bureau,the process of cross-border purchase and payment,the flow of cross-border RMB payment,and the legal relationship between the third parties' cross-border payment,first of all.According to the distribution of the main body,it is divided into the domestic“overseas online shopping” and “online shopping outside China”.Secondly,the main types of the domestic “overseas online shopping” are the main types of the civil legal relations between the participants of the payment of the participants and the legal relationship between the supervisors and the participants.Thus,a clear understanding of the third party's cross border payment legal regulation is formed,and the main research ideas and key points of this paper are clarified.The second part discusses the status and existing problems of the legal supervision of third party cross-border payment in China,which is divided into three aspects,the legislative situation,the main content and the main existing problems in the legal supervision.In the part of current situation in legislation,there are two basic documents of the cross-border payment of cross-border payment by the third party payment institutions of our country,"the pilot advice on the cross-border payment business of the cross-border payment service of the payment institution" and "the implementation opinions on the implementation of the cross-border RMB payment business by the Shanghai Payment institutions",the comparison is made and the relative comparison is made on it,and then the third is introduced.Other regulatory laws of the party's Payment institutions,and then discuss the main contents,from the regulatory model(divided into comprehensive management legislation and specific legislation in the specific regulatory field),the positioning of the third party payment institutions,the market access(including the prior permission and undocumented management of business license and the capital requirements of the contributors.And the three aspects of withdrawal mechanism),the management of payment for payment(including the legislative process of the regulation of payment of payment of gold,the direct connection mode,the mode of the UnionPay and the Netsunion Clearing Corporation),the anti money laundering supervision,the consumer(customer)rights protection and the authenticity of the seven aspects of the related third party payment institutions "connected to the net" context.In the end,the main problems of the legal supervision of third party cross-border payment in China are pointed out,including the coordination of the cross-border payment of the third party payment institutions,the lack of clear meaning of the meaning of "network payment",the existence of an informal and third party in the cross boundary payment business license in the market access.The low qualification of the contributors and the incoordination of the third party payment mechanism,the direct bank risk,the conflict between the Netsunion Clearing Corporation and the UnionPay,the possible existence of monopoly and excessive supervision and the new challenges facing the third party cross-border payment.There is a difference between the meaning of "customer" and "consumer" inthe payment,as well as the problem of the authenticity audit risk in the third party cross border payment transaction.The third part mainly takes the EU and the United States as an example to review the legal supervision of the two parties in the third party payment,especially in the cross-border payment field,including the regulatory model and the positioning of the third party payment institutions,market access,process supervision and withdrawal mechanism,customer payment management,customer rights protection and anti money laundering regulation.Then it further discusses the inspiration from the regulatory models and specific measures of the European Union and the United States to China's supervision of the cross-border payment of the third party payment institutions.The fourth part is mainly on the basis of summarizing the previous research,aiming at the problems existing in the legal supervision of third party cross-border payment in our country,and combining the Enlightenment of the European Union developed countries to our country,and puts forward the suggestions to improve the legal supervision of the cross-border payment of third parties in China.It mainly includes the supervision mode of the cross-border payment of the third party payment institutions under the financial supervision system,clear relevant terms and raise the level of the legislative level,and improve the market access system of third party cross-border payment by issuing the formal license of cross-border payment and opening up the market mechanism of the third party payment institutions simultaneously,and improving the market exit mechanism of the third party payment institutions.By making clear the business scope of the network,ensuring the central bank to comply with the rules of the civil and commercial affairs as the main body of business,and to carry out the system construction to prevent the Netsunion Clearing Corporation monopoly and other means to play the role of the central bank and the Netsunion Clearing Corporation,and to reduce the market access conditions based on this consideration,in addition,the design of the the transaction authenticity audit system in cross-border payment should be strengthened.