Study On Liability-taking Mechanism For The Risk Of Unauthorised Usage In Mobile Payment

The popularization of mobile devices and network technologies has provided a driving force for the development of new means of payment.Mobile payment has rised rapidly due to its features of speediness,convenience,and wide usage,and has become the preferred means of payment for most users in the offline daily consumption scenario.Taking bar code payment as an example,which is the most mature and most market-accepted means of payment in the current mobile payment service market,a user can take a mobile phone or other mobile device and scan the bar code displayed by the merchant to complete the transaction in a few seconds.There is no need for a user to bring large amounts of cash,or to passively accept the cumbersome payment procedures of bank.The efficiency of mobile payment is widely discussed.The corresponding issue is the questioning and denial of payment security.The unauthorized usage of funds in the payment account or in the bank card bound to it caused by the loss or unauthorized usage of the mobile device or by a third party with bad faith has become the main threat for the security of the user's funds.Unfortunately,there is currently no reasonable and feasible rule on how to identify the risk of unauthorized usage in mobile payment and how to allocate losses among parties involved in such transaction.Meanwhile,the answers given by market practises to the above questions are various.Therefore,this paper intends to provide some ideas to construct a set of liability-taking mechanisms that is suitable to Chinese mobile payment market by studying the liability-taking of the risk of unauthorised usage in mobile payment,by taking bar code payment,a typical subdivision,as a perspective,by applying the methods of the study of comparative law,normative analysis,document analysis,by discussing status quo and the insufficiency of liability-taking of the risk of unautorised usage,by analyzing the extra-territorial mature legislative experience,and by adjusting according to the current situation of mobile payment.The first chapter of this paper is an overview of the new means of mobile payment,focusing on clarifying the basic understanding of mobile payment services.The first section indicates the basic concepts of mobile payment and the connection and differences between mobile payment and other similar means of payment.For all the subdivided means of mobile payment involves the similiar parties and transaction process,the second section specifies and clarifies the business mode of mobile payment by analyzing the meaning,classification,and transaction process of bar code payment.The third section lays a legal foundation for the construction of a reasonable liability-taking mechanism for mobile payment disputes on the basis of the business mode of the bar code payment and the legal relationship between the parties to the transaction.The second chapter of this paper,based on the analysis of bar code payment,points out that the risk of unauthorised usage is the largest challenge to the security of mobile payment service.It introduces current liability-taking mechanism of the risk of unauthorised usage and indicates its shortcomings.The first section introduces two major types of payment risks for bar code payments,indicating that the unauthorized usage of funds in users' payment accounts and the bank cards bound to it has become the greatest risk of infringement on bar code payments and mobile payments.This section lists the manifestations of the unauthorized usage,clarifying that the unauthorized usage of mobile payments is actually an act without the user's own authorization to use the funds in the payment account or bank card.The second section introduces the current situation of the liability-taking mechanism of the risk of unauthorised usage in mobile payment in China from the perspectives of subject of liability,legal system,judicial practice,and marketpractice.In the third section,it specifically demonstrates the shortcomings of the current liability-taking mechanism.The third chapter introduces the extra-territorial mature legislative experience of the liability-taking of the risk of unauthorised usage.First of all,it is clear that there is no direct reference to the liability-taking of the risk of unauthorised usage in mobile payment services.However,the third-party payment or electronic payment industries in the United States,the European Union,and Australia are relatively mature,which can provide reference for the design of relevant systems in the field of mobile payment in China.The first section specifically analyzes the liability-taking of the risk of unauthorised usage in US,European Union,and Australia,and points out the institutional value of the US safety procedures rules.The second section analyzes the applicability of liability-taking mechanism for the risk of unauthorised usage in third-party payment or e-payment in China on the basis of the current development of mobile payment in China.The fourth chapter provides ideas to construct the liability-taking mechanism for the risk of unauthorised usage in the field of mobile payment in China.This chapter,on the basis of retaining the referential part of foreign legislation,considers the business model,nature,and characteristics of mobile payment in China.It tries to improve the deficiencies of the aforementioned existing system,and provides ideas for the system design in the field of Chinese mobile payment from the perspective of oughtness.