The Civil Liability Of Third-party Payment Institutions In Unauthorized Transactions

With the rapid development of e-commerce in China,third-party payment has become an important payment method for people with its portability.However,it brings convenience to people and brings opportunities to unauthorized traders.Unauthorized transactions through third-party payment platforms have gradually replaced traditional bank card pseudo-card transactions and become non-authorized transactions.One of the main means.Third-party payment cases are confused with traditional bank card cases.Therefore,research on the responsibilities of third-party payment agencies in non-authorized transactions has important practical significance both for the protection of user rights and for the further development of third-party payment.This paper is divided into six parts.The first part introduces the research background and domestic and foreign research status of the third party payment agencies' civil liability in non-authorized transactions as well as the research ideas and methods of this article.The second part introduces the basic concepts of third-party payment agencies and non-authorized transactions,and analyzes the legal relationships between third-party payment agencies and other entities.The third part analyzes the liability of the third-party payment agencies in non-authorized transactions from the perspective of breach of contract and infringement.The fourth part reviews the status quo of our country's legislation on third-party payment and the problems existing in reality.Then,through the retrieval of relevant judicial precedents,we review the mainstream views in practice.The fifth section describes the legislative experience of the United States,the European Union,the United Kingdom,and Australia in the civil liability of third-party payment agencies in non-authorized transactions.The sixth part proposes to use the United States' safety procedures rules to rationally allocate responsibilities between third-party payment agencies and users,and to adopt prone protection for vulnerable users.