Legal Supervision On The Restriction Of Online Payment Account

With the development of Alipay,WeChat and other Internet payment payment and universal application,online payment risk and risk prevention measures are also increasing,many legal issues can be discussed and the need to improve the legal system.Among them,there is a legal problem for payment institutions to take precautions against payment risk.The law stipulates that payment institutions may take measures such as delaying settlement and terminating services when there are abnormal transactions such as fraud,cash in and money laundering in finding accounts.However,with the technical development of the payment institutions and the vacancy of relevant laws and regulations,the risk prevention means are likely to be extended,unfairly applied and misapplied,such as the scope of the application of the measures to extend the limit of power through a format contract,the incompletion of the notice and the complaint procedure after the limit,the fund balance of the limited account The lack of legal and contractual basis,the responsibility for the right to be limited,and so on,may infringe on customer rights and impede the healthy development of network payment.Different from the traditional banking limit,the measures to limit the power of the net payment may no longer be an administrative coercive measure,nor can the bank limit the right to be carried out only by the legal or the authorized authority,butto pay the limit of the account by paying the form contract between the institution and the customer.Therefore,the right to limit the right of the payment institution comes from the authorization of the law and the agreement of the contract,which not only has the limitation and obligation to prevent the illegal crime and protect the safety of the customer's funds,but also has the right to limit the power of the order of the platform.Therefore,it may cause two legal disputes: on the one hand,the payment institution may be indiscriminate.The right to limit the right.Since the customer is unable to contract the format contract with the payment agency,nor can it refuse to accept the account limit clause in the format contract,the network payment institution has greater autonomy in the limit of the account,and is able to specify when,when,and how to deal with the payment account in the blank of the law.And the funds in the account,which may lead to the risk of abusing the right to limit the rights of the payment institution;on the other hand,the payment institution may not fulfill the limit of the rights and obligations,do not guarantee the safety of the customer's funds.The legal provisions or contract stipulations require the payment institution to judge the risk and prevent the risk in a timely manner,such as when an unauthorized transaction occurs in the account.The payment organization should be able to stop payment in time and ensure the security of the account.However,it is difficult to judge whether the payment institution should be limited to the limit of the rights and obligations because the contract is not clear and the legal system is lacking.By combing the domestic and foreign laws and regulations and cases of the limit of the Internet payment account,this paper discusses the three questions about whether to limit the right,how to limit the right and how to do the wrong,and to establish a reasonable,orderly and fair network payment account limit system from the legislative point of view,aiming at reducing the dispute and promoting the healthy development and protection of the network payment.The rights of the disabled users.First,can the payment institution be limited to power? We need to discuss the rationalization basis and the right scope of payment authority.The rationalization of the limited power of the account lies in the authorization of the laws and regulationsand the agreement of the contract.The laws and regulations only authorize the payment institution to limit the rights of the illegal and criminal acts and the security of the funds.The line is agreed.Therefore,starting with the format contract of network payment,this paper divides the form clauses related to the limit of the right of the account into three categories,one is the law introduction,that is,the basis of the limit is the direct regulation of the laws and regulations,and the two is the risk control class,that is,the platform has the obligation to control this type of risk or to guarantee the customer according to the relevant policies and regulations.Fund security;three is the platform management class,that is,the laws and regulations have no relevant provisions,such transactions will not affect the security of the customer's funds,but out of the platform and the related platform management needs to take the limit measures.After differentiating the reasons for different limits of power,it is necessary to ensure that the reasons and means should be matched.In addition to the provisions of the law,the use of funds and accounts can be limited if the purpose of guaranteeing the security of the user's funds is to be limited.If the purpose of the platform management is to limit the function and use of the account,it can not be frozen for use.Household funds.In order to ensure that payment institutions do not abuse their rights,we must safeguard user rights and guarantee the order of platforms within the limits of reasonable rights.Second,how should the payment agencies limit their rights? If the account payment institutions agreed to limit the right to the format of the contract,it is likely that payment institutions will ignore the protection of user rights,such as the existence of the network limited rights disputes,Alipay in the frozen account,only by email to inform or did not inform the freezing reasons,causing the user not within the specified time to take Out of account balance,no user complaint is due to user time out.Therefore,we need to construct the system guarantee of the limit of the account,which can be divided into internal security and external guarantee.Internal security refers to the procedural provisions of the internal security of the user's rights.The notice has been delivered,and it can be notified by telephone.If we notify by SMS ormail,we need the user's reply to ensure the arrival of the notice.The contents of the notice should include the reasons for the limitation of power,the basis,the way of appealing and so on,and the second is the internal appeals system.If the two parties are disputed on the reason or the basis of the limited power,the user often does not choose the way to settle the lawsuit,but for the small and convenient network payment.To sum up,this article is engaged in the analysis of the reasonable scope,system guarantee and responsibility of the limit of the account power in the three angles of the former,the event and the post,and puts forward the legislative and judicial suggestions.It hopes to further improve the laws and regulations and supervision system of the limit of the network payment account,and realize the reduction of disputes,the protection of the rights of the users and the promotion of the network.Payment for the purpose of development.