Research On The Risk Of Unauthorized Usage In Mobile Payment

Along with the rapid popularization of the mobile payment industry,there are more and more unauthorized usage of funds which challenges the mobile payment security and causes property losses.Ways to allocate the losses among parties may have a key influence on the further development of mobile payment.In view of this,this thesis introduces the theory of the quasi-occupation,and takes the " unauthorized usage of funds in mobile payment" as the research object,and discusses the applicability of the quasi-occupancy theory to the unauthorized usage.Thus,establish a reasonable and efficient mechanism to allocate responsibilities of mobile payment stolen.This will benefit the legislation and judicial practice in China.There is an introduction,three chapters and a conclusion.The first chapter titled“Types of Unauthorized Usage of Funds in Mobile Payment” introduces the concept of mobile payment and the unauthorized usage risk caused by its efficiency.In four typical cases,the common means of stealing people to implement stolen brushing behavior are listed.On this basis,the paper analyzes the legal nature of mobile payment stolen.There may be property in legal effects and composition if we apply the apparent agency to this kind of cases.It is reasonable to emphasis the responsibility of payment service provider in the allocation of property losses.The second chapter is titled “The Application of the Quasi-Occupation Theory to Mobile Payment Issues”.Firstly,it introduces the legal basis of the quasi-occupation of creditor's rights theory,and analyzes the specific components of the quasi-occupation.Secondly,the stolen brushing behavior is divided into twosituations: the stolen of Alipay account balance or the stolen of bank account attached to the Alipay account.When stealing the balance in the payment account,the stolen person infringes the user's right to claim the currency held by the payment institution.In this regard,if the payment service provider fails to accurately verify the payment password or prompt the user to take precautions against the risk of theft,or fails to prompt the user to pay attention to the format clause,they shall be deemed to have paid the stolen person.There is negligence of the service provider and effective settlement cannot be constituted.When stealing the bank card balance bounded to an Alipay acount,the stolen person infringes the user's deposit claim to the bank.In this regard,the bank should also be deemed to be at fault in the settlement if the bank fails to prudently check the payment service provider's technical efficiency and business management qualifications in their cooperation.Thus,effective settlement can't be constituted.The third chapter is "Legal Effects of the Paying off Debts to the Identity Thief on Mobile Account." When the payment service provider(or bank)constitutes effective settlement of the mobile payment fraudster,the creditor-debtor relationship between the user and the payment institution(or bank)is eliminated.The user may request the identity thief to return the unjust enrichment or to bear the compensation for damage.If the payment service provider(or bank)does not constitutively pay off the identity thief,no fault liability should be allocated among parties on the grounds of joint negligence and the user bears at most 50% of the stolen loss.