Research On Legal Problems Of Customer Benefit In Third-party Payment Service

Along with the extensive use of information technology and the continuous developing of e-commerce,the traditional way of trading and capital circulation form are changing.Third-party payment service which is a new mode of payment with neutral,low cost characteristics makes the fund circulation more convenient and transactions smoother.As these features and advantages are increasingly being accepted,Third-party payment is becoming an indispensable part of people’s life."Non-financial institution payment service management approach" People’s Bank of China issued makes great sence of the third-party payment services standardization devlopment,and in a certain range it filled the vacancy of legal norms of Third-paryt payment service.However,in practice the domain of third-party payment services still has some problems,and there is no law to regulate these situations.This makes the customers benefit not guaranteed and is not beneficial for the third party payment services of healthy and orderly development.Currently,the theoretical study of the third-party payment services is mostly from the perspective of economics,or e-commerce to learn,studies from legal perspective stay in the the third-party payment services risk control and corresponding regulation.In practice,based on the customer deposit management,internal control,and transaction security protection issues in Third-party payment service,I believe the corresonding law issure is necessary to explore.I referred to the relevant literature and summed the issue of third-party payment service,and will use a combination of theory and practical method to discuss and study the legal issues from following four parts:first,while the Third-party payment service broke the bank’s franchise of payment and settlement changed the payment and settlement system and then established legal status of a third-party payment service institution in payment and settlement business,how can we protect the benefit of client.Second,in the deposit issue of Third-party payment,legal nature of deosit will be discussed and this discusstion certainly leads to the deposit interest’s ownership issue and deposit management and use issues.About the deposit interest issue,combining foreign measures using deposit interest to establish risk fund and buy commercial insurance,i will raise advices of our deposit system.About deposit using and management issue,against deposit misappropriation events,start from the information disclosure mechanism and stakeholder query mechanism,I will put forward measures to improve.Third,In the third party payment service trading fraud issue,distinguish between the fraud system istself and external saboteurs lead to and the fraud Third-party payment institution’s particularity lead to.From perspetive of industry standards and law,perfect the system preventing fraud in the third-party payment.Against the fraud unique to third-party payment service,establish appropriate credit supervision mechanism and customer interests protection fund system.The fourth,on personal information leakage problem in the third party payment,learn from the European Union and Japan legislation system and China’s actual situation.In legislation system,based on the proposal enacting a comprehensive law on the protection of personal information,special legislation to be enacted against The financial industry including third party payment service.Legislative content should be formulated base on the payment service obligations from customers and third-party rights,and disclosure of personal information these three aspects.