Study On Two-dimensional Code Payment Risk And Its Civil Law Countermeasures

With the development of smart phones and the advent of 5G era,QR code payment has become a very important payment method in our daily life.In recent years,the convenient and fast QR code payment APP has been favored by the public.QR code payment can be realized by a mobile phone.The electronic currency payment based on QR code scanning has gradually replaced cash payment and become the most comfortable and fast payment method in People’s Daily life.Nowadays,all kinds of intelligent mobile terminal emerge in endlessly,and pay more perfect infrastructure,QR payment industry in China and the relevant market is "blowout" growth,the size,type and application of mobile payment business scenarios are continuous development and expansion,has become a very important social and economic activities cannot be replaced.As a new payment method that can break the barriers between online and offline transactions,QR code payment,represented by mobile banking,Alipay,We Chat wallet,Fast money and Jingdong payment,bring an efficient and fast payment experience to us,but it is often synonymous with insecurity.The system security vulnerabilities and network security problems existing in the Two-Dimensional code payment platform cause the security of users’ accounts cannot be guaranteed,and users’ personal information is also exposed to risks such as illegal acquisition and illegal sale.QR code payment,an emerging mobile payment method,has become a criminal tool for criminals to make illegal profits due to its great risks.In addition,China’s traditional legal regulation system does not preset this new transaction mode,and there is no special legislation.The lag of legislation has created many legal risks,such as stolen property,users’ information being violated,and lack of legal supervision.In terms of risk distribution and resolution,the standard terms used by third-party payment institutions cause the interest imbalance between the parties concerned,which further intensifies the social contradictions.Under the premise that Two-Dimensional code payment has a huge impact on China’s traditional legal theoretical basis and legal norms system,it is necessary to conduct an in-depth analysis of the legal regulation issues in this field,so as to strengthen the risk prevention and legal supervision of two-dimensional code payment industry,and bring this emerging payment method into the track of rule of law as soon as possible.The paper is divided into five parts.The first part of this paper introduces the background of Two-Dimensional code payment,the research status of scholars,the methods used in writing this paper and the innovation of this paper.The second part gives an overview of Two-Dimensional code payment,introduces the connotation,payment mode and payment process of twodimensional code payment,and differentiates two-dimensional code payment from traditional online banking payment.Compared with traditional online banking payment,twodimensional code payment is efficient and convenient,but it also has huge payment risks.At the same time,it introduces the subject involved in two-dimensional code payment and the legal relationship between the subjects,which provides a theoretical basis for the following legal risk analysis and countermeasures.The third part of the article introduces the terminal risk of Two-Dimensional code payment.In the terminal of the two-dimensional code transaction cycle chain,the twodimensional code at its source is easy to be changed and the two-dimensional code payment is easy to be phishing fraud.The author from the Angle of apparent legal QR code pages were substituted in the effectiveness of consumer payment behavior was analyzed,and the effective payment behavior to protect the consumers to believe in the reasonable false QR code,then puts forward shall pay the QR code equipment allocated to merchants to check payment and payment account,the third-party payment platform in fishing fraud risk and the bank’s liability are analyzed.It also puts forward some countermeasures to construct a sound third-party security obligation and improve the principle of bank regulation.The fourth part of the article analyzes the payment risk of Two-Dimensional code payment,and introduces the causes of unauthorized payment risk and the difficulties existing in judicial practice.In the trial process of unauthorized payment,judges often apply the principle of "the one who claims is the one who provides the proof",and consumers’ legal rights protection is often not smooth.In the process of two-dimensional code payment,consumer information protection is faced with the risk of incomplete definition of personal information rights and unclear ownership of personal information.Finally,targeted Suggestions are put forward to improve personal information rights and strengthen personal information protection.The fifth part of the article introduces the regulatory risk of Two-Dimensional code payment.At present,China’s laws lack regulations on two-dimensional code payment supervision.Two-dimensional code payment essentially belongs to third-party payment.China’s laws are ambiguous in their qualitative analysis of third-party payment institutions,and the supervision of precipitation funds is also controversial.The liability of the payment participant is unclear.Existing laws lack provisions for Two-Dimensional code payment,which is obviously not conducive to the healthy and stable development of Two-Dimensional code payment.