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Several Legal Problems of the third party payment

Author: CaoLiYiMing
Tutor: MaGengXin
School: China University of Political Science
Course: Legal
Keywords: Third-party payment Non-financial institutions Legal Issues
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 328
Quote: 1
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Abstract


In China's booming economy and the changing context of e-commerce , third party payment into a rapid development of the fast lane . The third-party payment companies to provide third-party payment service covers a wide range , except for the provision of payment channels of network transactions also involve a number of areas of public payment , greatly facilitate the people's daily lives , while promoting the economy, especially the development of electronic commerce . Meanwhile, third-party payment also brings a series of problems, such as the use of third-party payment for credit card cash involved in money laundering , gambling and other illegal activities . Of course, the third-party payment is the essential attribute instrumental , third-party payment instruments can not be denied the abuse of third party payment instruments reasons, but sufficient to show that there exists the need for third-party payment . And accompanied by the rapid development of third-party business is a lot of emerging legal issues , these problems is likely to impede the continued development of third-party payment industry , there are potential risks. In the initial stage of any industry needs a relaxed environment to be encouraged and supported , overly stringent regulation would be counterproductive. In fact, the third-party payment industry in the initial period of growth also has been the policy of tolerance and preferential treatment , such as no valid license has continued to operate effectively . Third-party payment industry has entered the period of rapid development , and brought many legal issues , its regulation is imminent. Only in this way , third-party payment industry can only develop faster and better . Therefore, the presence of third-party payment of various legal issues and examine appropriate measures will not only help regulate third-party payment industry, but also for the perfection of relevant laws to make recommendations accordingly . The third payment industry development is not only conducive to the convenience of people's lives , and can play a lead role in the development of a range of industries . This article is the analysis of the third party payment industry's rapid development on the basis of the hidden risks and vulnerabilities within the industry to do some sort , and the combination of the newly introduced \Conditions to summarize the main third-party payment legal issues. This article consists of preface, text , concluded three parts. In the preface describes the background of the third party payment industry , the proposed instructions relating to some of the pending legal issues related to third-party payment in legal subjects , regulatory and other aspects of various problems. Body part is to analyze and solve these problems , contact the statute and case studies on the issues raised in the preamble to respond . Text is divided into two chapters, the first chapter is the third-party payment overview introduces the concept of third-party payment , types , characteristics, values ??and legal relations ; second chapter are as third-party payment , that third-party payment described in the regulations positioning and operation of third-party payment actually exist as a legal issue , and the combination of relevant case law and legal norms on the third-party payment , barriers to entry, unjust enrichment , the two sides agency, pre-litigation preservation , abuse , etc. to make notes and to evaluate these issues and solutions recommendations. Concluding section summarizes and highlights once again the view body part , pointed out the way to the development of third-party payment industry .

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CLC: > Political, legal > Legal > Chinese law > China and France
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