The Protection Of Consumer‘s Rights In Third-party Payment

With the rapid development of network transactions,third-party payment has gradually become a social trend with the advantages of convenience and economy.In addition to providing users with a convenient,secure and fast online payment experience,it also innovates online trading technology.With the birth of online shopping,the rapid development of e-commerce has had a profound impact on society and economy,and has gradually changed people's way of life.As a new thing,Alipay-based third-party payment has created many precedents,which we have never thought of in the traditional trading mode before the Internet economy era,but traditional legislation has not yet adjusted this new thing.Therefore,third-party payment is popular with consumers,but also brings a series of legal problems to be solved,the most prominent of which is the protection of consumer rights and interests.The People ' s Bank of China(PBOC)and its branches are the legal regulatory bodies of the third-party payment institutions,which supervise the third-party payment institutions within their jurisdiction according to the principle of territoriality,and are supplemented by the overall regulatory system of industry self-discipline and other commercial bank supervision.For the first time,the Measures on the Administration of Network Payment Operations of Non-Bank Payment Institutions,which came into effect in July 2016,clearly stipulate the scope of operation of third-party payment institutions,the content of protection of the rights and interests of customers,and the legal liability toharm the rights and interests of consumers.in various legal norms.Through analyzing the current legal system and combining with practical cases,the author can see that the current regulatory system of consumer protection in third-party payment in our country has the following problems: the content of relevant legal documents is scattered,incomplete,low effectiveness;the effectiveness of third-party payment supervision is insufficient;the role of third-party payment industry self-discipline is ignored.Then,taking Alipay as an example,in the four main aspects of consumer property security right,information security right,right to know,right to seek compensation,this paper makes a deep analysis of the specific performance of various service agreements of Alipay and the infringement of consumer rights and interests in the operation mechanism.In order to see our country in the third party payment consumer rights protection legal supervision is insufficient.Referring to the advanced legislative experience of developed countries in Europe and the United States,and combining with the specific conditions of our country and the current situation of industry development,this paper puts forward some suggestions for perfecting the protection of the rights and interests of third-party payment consumers in our country: from the macro point of view,we should construct an effective regulatory framework for third-party payment:perfect the relevant legislation and raise the legal rank,and promote the adaptive innovation of government supervision.From the micro point of view,it is necessary to perfect the security protection system of consumer account funds:to construct the mechanism of non-authorized transaction responsibility,to raise the self-discipline consciousness of the industry,to standardize the format terms of the service agreement of the third-party payment institution;To perfect the security protection system of the third-party payment consumer information: the platform needs to collect information.Households expressly agree to implement personal information access control measures,timely remedial measures after consumer financial information disclosure;Improve the third-party payment institutions service information disclosure system: Improve the third-party payment institutions information disclosure methods,expand the scope of third-party payment institutions information disclosure;Improve the third-party payment of consumer claims protection system: unified scope of damages,improve the establishment of diversified dispute resolution.