Civil Liability Of Third-party Online Payment Platforms

With the rapid development of e-commerce,the third-party online payment industry has also developed rapidly,but China's laws still lag behind on its standards."The general civil law","contract law" and "tort liability act" online payment to a third party civil liability without clear rules,2010 promulgated "non-financial payment services management method" and the detailed rules for the implementation of the civil liability provisions also less,imputation principle and limitation of liability has been just stay on the academic research and debate.In real life,there are many disputes in which third-party online payment platforms infringe on users' legitimate rights and interests.Therefore,this paper hopes to analyze the imputation principle and scope of the civil liability of third-party online payment platforms through studying the existing legal provisions and theories and combining with court cases,so as to provide an effective judicial solution for the civil liability of third-party online payment platforms in breach of contract and infringement.Besides the introduction and conclusion,this paper is divided into three parts:The first part mainly studies the legal nature of the third-party online payment platform,the legal relationship between civil subjects and the nature and form of civil liability of the third-party online payment platform.The people's bank of China has identified the third-party online payment platform as a non-financial institution.The author thinks that it should be a quasi-financial institution,because it has many attributes of financial institutions and bears some functions of financial institutions.The third-party online payment platform has various legal relations with users,including mediation,collection and payment,capital preservation and credit guarantee,and financial service legal relations with commercial Banks.Its civil liability is shown as breach of the contract or tort,and sometimes as the concurrence of breach and tort.The default is also manifested as the violation of legal relations such as mediation,collection and payment,fund custody,credit guarantee and financial services.Infringement is manifested in the disclosure of users' personal information or business secrets,unauthorized payment and failure to fulfill the obligation of reasonable examination of real-name authentication.The second part mainly studies the principle of civil liability imputation and disclaimer of third-party online payment platform.The third-party online payment platform takes the principle of no-fault liability as the principle of non-fault liability and the principle of fault presumption liability as the auxiliary principle of default behavior,and the principle of fault liability mainly applies in the case of failure to follow the payment instruction and failure of payment.In tort,the principle of fault presumption and imputation is the principle of fairness.The principle of fairness applies when there is no fault on both sides.The third-party payment platform shall be exempted from liability for the user's intent,third party reasons,natural disasters,wars,terrorist attacks and force majeure events which cannot be solved according to the current industry standards and existing science and technology.The third part mainly studies the civil liability scope of third-party online payment platforms.In case of violation of the legal relationship between intermediary and credit guarantee,users can claim actual loss and gain loss compensation to the third-party online payment platform,and can also claim punitive damages to the third-party online payment platform if there is fraud.If the third-party payment platform violates the fund custody relationship,the user can claim money loss and interest generated from it.The third-party payment platform violates the legal relationship of collection and payment on behalf of the user.Subjectively,if there is only fault,the user can only claim actual loss and gain loss compensation to the third-party payment platform.Subjective existence is intentional,the user can alsoclaim punitive damages.In the infringement of users' personal information rights,users can claim the actual loss compensation or return the infringing income or determine the amount of compensation by a judge to the third-party payment platform.In the case of unauthorized payment and the infringement of the obligation of review,subjective negligence only exists,and the user can claim the actual loss compensation.If the user fails to fulfill the obligation of review,he can claim the compensation for the loss of profits.Subjectively there is intent to claim punitive damages.