Comments On Payment Series Cases

Based on the analysis of 578 civil judgments of the second instance of Advance Payment since 2018,it is found that,as the pioneer of Internet consumer credit business,Advance Payment Platform has witnessed a large number of litigation cases in recent years and has been growing year by year.Due to the lack of relevant legislation,there are several kinds of effective judgments in practice,such as invalidation of judgment contracts,application of relevant provisions of private lending,and identification of complex nameless contracts.As for the differences in judicial practice,we should analyze the transaction process of advance payment and the legal relationship of all parties.The transaction process includes "transfer quota" and "advance payment fund".The legal relationship of all parties is based on the complex contractual relationship of multi-parties and belongs to a new type of Internet consumption finance model.As for the validity of the contract,since Article19 of the Banking Regulatory Law regulates market access rather than compulsory validity,it should not be regarded as invalid.As for the problems in judicial application,the unification of judicial criteria is an urgent problem to be solved in the trial of such cases.In the judicial aspect,firstly,we should use the big data platform to strengthen the summary of cases and issue guidance cases in time;secondly,we should introduce compound legal talents such as finance and Internet to the ranks of judges;thirdly,we should refine the division of labor among judges and promote the research of professional cases by professional judges.In terms of legislation,firstly,the status of Internet consumer credit contract as a well-known contract is clarified through legislation;secondly,the standard of proof of electronic evidence should be properly improved,the third party of Internet consumer credit platform should be promoted,fair competition mechanism should be introduced to break the monopoly of information,resources and business by lenders(advance payers);thirdly,the assistance obligations of consumer associations should be clarified and established.The law prohibits the invisibility of fees and standardizes the collection behavior to strengthen the protection of consumers.