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Electronic Commerce Legal Issues related to third-party payment

Author: ZhuJing
Tutor: FanXiaoBo
School: China University of Political Science
Course: International law
Keywords: E-commerce Third-party payment Precipitation funds Customer excess reserves Anti-Money Laundering Measures
CLC: F724.6
Type: Master's thesis
Year: 2011
Downloads: 655
Quote: 2
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Abstract


With the further development of electronic commerce, network information technology continues to improve, people's transactions started by the reality to the network, and online transactions began after payment paid in the currency from the traditional transition to electronic payments. In the electronic payment, the payment by a third party on behalf of a payment institution broke the bank in the field of electronic payment monopoly, innovation and the method of payment, convenient flow of funds, but also for e-commerce provides a convenient and efficient capital transfer services. But with the development of third-party payment business prosperity contrast, China has a longer period of time for the third-party payment agencies have not formed an effective monitoring, which led to a number of third-party payment services in the negative issues arising , for example, the legal status of third-party payment mechanism is not clear, third-party payment service legal relationship between the parties confusion, precipitation funds management issues, consumer protection issues, money laundering and other online financial security issues. Meanwhile, third-party payment is not a phenomenon unique to China, the United States established by PayPal earliest third-party payment agencies in the United States, the European Union and other countries by the various forms of legal regulation. China in 2010 enacted specifically for the third-party payment service regulations, \Based on the third-party payment services in the basic problems of legal theory, referring to compare countries in addressing issues related to the specific provisions applicable at the time and method in the country has legislation on the basis of a complete set of third-party payment service Suggestions in order to promote our third party payment market's healthy development. Content of this article is divided into four chapters: Chapter One: Overview of third-party payment. This chapter defines the concept of payments from third parties, classification, and third-party payment transaction processes such as development status perspective of third-party payment situation briefly, and thus recognize the object of study. Chapter II: third-party payment theoretical analysis of the basic legal issues. Legal Position of third-party payment institutions should be a non-financial institutions, third-party payment services in the third-party payment agencies and client relationship is formed between the agency, custody relationships and guarantees relationship, and third-party payment institutions and banks are formed between the service contract relationship. Chapter III: third-party payment extant legal issues. Because the lack of relevant legislation and abroad, currently there are more third-party payment legal issues, this chapter presents the following questions: the legal status of third-party payment mechanism is not clear, third-party payment service legal relationship between the parties involved confusion, third-party payment agencies precipitation money management issues, consumer protection issues, and network financial security issues. Chapter 4: comparison of national legal issues related to third-party payment for countermeasures. This chapter focuses on the development of third-party payment services business is relatively mature two countries (U.S. and EU), on the third-party payment problems existing legal mechanisms. With our existing system of legal regulation comparison, trying to come up better and more suitable for our third-party payment service market regulatory system.

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CLC: > Economic > Trade and Economic > China's domestic trade and economic > Circulation of commodities > E-commerce,online trading
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