Research On Administrative Supervision Of Mobile Payment In China

Mobile payment is a payment method using mobile terminal through mobile network,which has the advantages of mobility,real-time and customization.The administrative supervision of mobile payment refers to the intervention and control of the participants of mobile payment by the administrative subject with regulatory authority according to laws and regulations and certain legal procedures.In the process of mobile payment,the subject of administrative legal relationship is complex,there are many security risks,and the mobile payment market is still unstable.It is necessary to supervise mobile payment in order to deal with such problems.Adhering to the principles of supervision according to law,proportionality,flexibility and specialization,administrative supervision must be carried out in accordance with the law in the whole process of mobile payment(administrative licensing),in-process(administrative supervision and inspection)and after-event(administrative punishment).At present,China's administrative supervision of mobile payment is still in its infancy.The Electronic Commerce Law implemented on January 1,2019 is a law specially promulgated in the field of electronic commerce,which regulates mobile payment through five provisions,but it is too general and has a slightly inadequate operability.The legislative levels of the Measures for the Management of Online Payment Business and the Notice of the General Office of the People's Bank of China on Implementing the Concentrated Deposit of Customer Reserve Fund in Payment Institutions and the Notice of the General Office of the People's Bank of China on Adjusting the Concentrated Deposit Ratio of Customer Reserve Fund in Payment Institutions are too low.At the macro legislative level,this paper classifies the legal basis of administrative supervision of mobile payment in China,and finds that all the normative system of mobile payment in China is a prominent problem of low level of legal legislation.Specific regulatory elements: China's mobile payment administrative supervision subject and its authority is not clear,the administrative supervision of mobile payment is unreasonable,the administrative supervision of mobile payment relief channels are not smooth.With the rapid development and unstable foundation of mobile payment in China,we should face up to these objective problems and actively respond to them.We should not only learn useful experience from foreign countries,but also design the system based on our own national conditions.Comparing the current situation of administrative supervision of mobile payment in foreign countries,the countries represented by the United States and the European Union have enlightened us to speed up the legislative pace of administrative supervision of mobile payment in China,clarify the subject of administrative supervision of mobile payment,establish the administrative supervision mode of mobile payment,and strengthen the protection of consumers.Establish a social credit rating system and improve the information disclosure system.In order to promote the healthy and orderly development of mobile payment industry,aiming at the drawbacks of current administrative supervision,we should improve the legislative level of administrative supervision of mobile payment in China and perfect the supporting system,clarify the main body of administrative supervision of mobile payment in China,prevent both inaction and chaos,and improve the administrative supervision form of mobile payment in China.The first step is to establish a comprehensive supervision form combining static and dynamic,and to build a multi-department cooperative supervision mechanism.Finally,the relief channel for the participants in the administrative supervision relationship of mobile payment should be smoothed.