Research On The Legal Regulation Of Two-dimensional Code Payment

In recent years,along with the wave of continuous changes and innovations in Internet technology,Internet finance has gradually developed in depth,and a new form of transaction payment,QR code payment,has emerged.Based on the increasing popularity of intelligent mobile terminals and scanning code payment infrastructure,China's two-dimensional code payment industry and related markets have shown a "spurt" growth trend,and the scale,types and application of the payment business are constantly developing.And expansion,playing an increasingly important role in modern market economy and financial activities.Because the two-dimensional code payment mode is far from the traditional payment mode,such trading models are not preset in the framework of China's traditional legal system,and the recent "Non-financial institution payment service management measures" and "non-bank payment" have been issued recently.Regulatory norms such as the "Administrative Measures for Institutional Network Payment Services" and "Regulations for Barcode Payment Services(Trial)",although playing a positive role in promoting the development of the payment industry,the relevant regulatory norms are mainly based on departmental regulations and policy documents,and the legal norms are legislative.And the effectiveness of the lower legislation,and the special legislation for the payment of two-dimensional code is still blank.The lag of legislation is difficult to match the rapid development of the payment pattern.The rapid changes in social development also determine that the legal regulation of QR code payment in China cannot be concrete and targeted,which has led to many legal risks,including The lack of legal supervision system,the failure of financial and financial regulation and control policies,the risk of financial security,the leakage of personal information and the risk of invalidity of rights protection,and the risk of unauthorized scanning and payment are sufficient to affect the entire payment industry structure and financial market ecology.At the same time,in the aspect of risk distribution and resolution,in practice,the form of the customary format clause of the third-party payment institution circumvents its own liability in advance.If the general contract law or the tort law principle is applied,the interests of the parties will be unbalanced.It is easy to intensify social contradictions.Obviously,under the premise that the two-dimensional code payment has a great impact on China's traditional legal norams and legal theory,it is necessary to carry out in-depth analysis of the legal regulation in this field,thus strengthening the risk prevention and control and legal supervision for the two-dimensional code payment industry.This new Internet financial payment method is included in the rule of law,and then provides consideration for the debugging of legal theory and law practice in the Internet era and even in the era of scanning code.This article is divided into five parts.The first part mainly introduces the research background and significance of the legal regulation of two-dimensional code payment,the summary of research status all around the world,article structure and research methods and so on.The second part is an overview,which aims to clarify the concepts and characteristics of QR code payment,the legal attributes of third-party payment institutions in China,and the legal relationship between the multi-party subjects involved in two-dimensional code payment.The third part is the status quo of the legal regulation of the two-dimensional code payment and the existing legal problems.Through the method of inductive analysis,this paper analyzes the status quo of China's two-dimensional code payment legal regulation,from the legal supervision system,the two-dimensional code cleaning measures legal norm system,the consumer rights legal protection,the financial and financial links,and the risk supervision.The loopholes in the legal regulation of the legal regulation of the payment of the code are analyzed one by one.The fourth part is the status quo of extraterritorial two-dimensional code payment legal regulation and China's reference.Through the analysis of the American model,the EU model and the Japanese model of the two-dimensional code payment legal regulation,the paper summarizes the advanced legislative achievements and supervision experience of the extraterritorial domain,and learns the essence of the various models outside the domain to learn and learn from.The fifth part is the perfect proposal for the legal regulation of two-dimensional code payment.In view of the hidden risks of transactions,legislative gaps,and lack of supervision in China's two-dimensional code payment industry,combined with the actual development of China's market economy and two-dimensional code payment industry,the third party pays legal supervision system and establishes two-dimensional code.The legalization and standardization system of cleaning measures,strengthening the protection of consumer rights in QR code payment,and strengthening the legal supervision of financial links,etc.propose the optimization path of two-dimensional code payment legal regulation to promote the benign long-term of the two-dimensional code payment industry.development of.The innovation of this paper lies in the following two aspects:First,the two-dimensional code payment as a product of emerging technology has challenged the traditional theory,as if the rule of law has been established,there are few targeted research in the legal field.This article refers to the latest legal provisions on electronic payments in the Electronic Commerce Law,which was officially implemented on January 1,2019.For example,electronic payment service providers should ensure the integrity of electronic payment instructions and cannot be tampered with;Loss,adopting the principle of presumption of fault,and being undertaken by the electronic payment service provider;taking the protection of consumer rights as the legislative purpose,establishing the inversion of burden of proof,etc.as a theoretical basis for in-depth exploration,providing clear legislative guidance for the payment of legal regulations for QR code,and facilitating the promotion The prosperity of China's socialist market economy.The second is to introduce the "legalization of two-dimensional code cleaning measures" in the text.This view is based on the forward-looking research in the field of two-dimensional code payment.It is a comprehensive regulation of two-dimensional code payment through the unification of national standards and unified legal regulation.It aims to provide a theoretical basis for the study of legal regulatory methods for Internet convenience portals such as fast-response codes or graphic patterns in the future.