Analysis Of Legal Relationship Of Third-Party Internet Payment

In the fourth quarter of 2017,China’s non-bank payment agencies handled78.833 billion online payment transactions,with a transaction volume of 39.98 trillion yuan,an increase of 76.78% and 39.42% year-on-year,respectively.Increasing numbers of users and demands have prompted third-party network payment market size has grown.Since 2010,China has successively issued a series of regulations such as the “Measures for the Depository of Clients’ Payment Facilities for Payment Institutions”.and “Implementation Rules”.However,because these laws and regulations are not high in hierarchy,the rules are relatively rough,they cannot clarify all laws.Relationship,many of the legal issues have not been properly addressed.Therefore,this paper tries to deeply analyze the civil legal relationships and rights and obligations among the subjects,investigate and analyze the actual status of the current third-party Internet payment,clarify the various legal concepts and legal relationships among them,and study the rights and obligations among the third-party Internet payment entities.,Put forward reasonable opinions on the handling of third-party internet payment legal issues.This article analyzes the third-party payment from three aspects:First,third-party internet payment and overview.This part mainly studies and introduces the basic issues such as the legal attributes of third-party online payment agencies,the legal regulation of third-party online payment and operation modes.Third-party online payment institutions belong to non-financial institutions,and online payment is one of the service types of third-party payment institutions.Theonline payment involves the five-party main bodies of third-party payment institutions,businesses,customers,banks and e-commerce platforms.Second,I analyze the civil legal relationship in third-party network payments.This part mainly quantifies the legal relationship among the third-party network payment entities,including the analysis of the legal relationship between the third-party network payment institutions and the parties to the transaction and the bank.The legal relationship between the third-party online payment institutions and the transaction parties is a more important part.In the third-party network payment transactions,the payment institutions and transaction parties constitute a custody contract,and there is a supervision and contractual cooperation relationship with the bank,and there is also a cooperation with the e-commerce platform.Third,I analyze t he third party online payment in the civil rights and obligations,firstly in the chapter,some cases of civil dispute legal litigation were analyzed and summarized,respectively,after the third party online payment agencies,transaction parties and the main body of the rights and obligations between the analysis from Customer reserve management,the accumulation of capital reserves,the protection of consumer rights,the establishment of inter-bank contracts,e-commerce platform and other legal obligations and put forward constructive suggestions based on the actual situation.