Research On The Identification Of Civil Liabilityin Third Party Payment

The information age has arrived,and emerging industries are constantly emerging under the rush of the times.The third-party payment industry,which is based on the development of information network technology,has also entered a stage of rapid development,affecting all aspects of people's lives.Although it quickly occupied the Chinese market with its convenient and quick features,it also exposed many problems during the development process.China's current legal norms on third-party payment focus on the supervision of third-party payments from a macro perspective,but its content on civil liability is somewhat general.For the current social reality of constant change and development,the relevant legal systems for third-party payment obviously do not match the social needs.The specific content of legal norms is still lack of systematic and pertinent,and it is unable to provide clear guidance for third-party payment related entities.Especially in the case of third-party payment subjects facing risks and disputes,due to the limited number of applicable laws,it is impossible to provide an effective solution in practice.Therefore,it is necessary to discuss and study the issue of civil liability in third-party payment.In order to explore this issue,this paper will base on the basic theory and analyze the issue of civil liability identification in third-party payment in China,with a view to making corresponding suggestions.This article focuses on the following sections:The first part describes the basic content of civil liability determination in third party payment in China.The concept and characteristics of civil liability in third-party payment,the civil legal relationship in third-party payment,the main categories of legal liability in third-party payment,and the legal basis of civil liability are briefly analyzed,which lays a solid foundation for further elaboration below.The second part combs the legislative status quo of third-party payment in China,and analyzes the three aspects of the third-party payment in China from the three aspects: the legal definition of civil liability subject is unclear,the principle of civil liability attribution is unclear and the exemption criteria are different.Existing problems identified by responsibility.The third part examines the relevant rules for the determination of civil liability in the third-party payment outside the domain.It mainly starts from the legal provisions of theUnited States and the European Union,draws on relevant foreign experience,and summarizes the current third-party payment in China based on the actual national conditions of China.The relevant enlightenment of the civil liability determination rules to better solve the problems existing in the current third-party payment in China,and to refine the relevant laws and regulations of China.The fourth part puts forward suggestions for perfecting the civil liability identification rules in third party payment in China.In view of the problems in the determination of civil liability in third-party payment in China,from the aspects of improving the relevant legislation on the determination of civil liability subject,the principle of liability for determining civil liability in third-party payment,and the criteria for determining the exemption of civil liability,it is targeted.Make recommendations to promote the sound development of China's third-party payment industry on the premise of protecting the legitimate rights and interests of citizens.