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The Legal Protection of Electronic Payment Risks

Author: Chen
Tutor: ZhuYuLing
School: Shandong University of Science and Technology
Course: Economic Law
Keywords: electronic payment risk legal protection
CLC: F832.2
Type: Master's thesis
Year: 2011
Downloads: 196
Quote: 0
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Abstract


Thanks for the development of electronic commerce and information technology creating a unique condition for the financial innovation, electronic payment came into being. More and more people are starting using the electronic payment services to deal with various types of funder transfer in this Internet age, and the number is growing at an alarming rate. However, the construction of the legal system concerned about the electronic payment is lagging far behind the pace of development of the electronic payment. Therefore, both the users and the payment service providers are facing serious payment risks. The issue of how to use the legal means to prevent the electronic payment risks has become a common concern among people. Due to an early start in electronic payment, the legal regulations are more complete and specific in some European and American countries. Since the Chinese electronic payment started late, the law that concerned about the risk prevention is almost empty. compared with the foreign legislation, even the only several administrative rules are inadequate, so it is essential to have a deep research and analysis on the electronic payment in order to explore ways of guarding against risks. This thesis will discuss from the following five aspects about the legal prevention of the electronic payment.The first part mainly discusses the basic issues of electronic payment. First, the thesis defines the concept and characteristics of the electronic payment, clarifies the meaning and classifies it as well. Second, it introduces the current situation of the electronic payment according to the latest data. Third, the thesis analyses the models of the electronic payment, which helps to carry out targeted research below.The second part mainly talks about the types of the electronic payment risks and the legal prevention goals. First, the electronic payment risks can be divided into the main risk, financial risk and technology risk, and the three types are further subdivided. Second, it briefly describes the legal reasons of these risks. Finally, it points out the legal goals of preventing the electronic payment risks.The third part mainly discusses the legal preventive measures against the main risks of the subject risks. The thesis put forward some solutions and constructive suggestions for the subject capacity defects risks, the subject credit risks and the subject operational risks respectively.The fourth part mainly talks over the legal protection of the financial risks of the electronic payment. It makes a deep study of the monetary policy risks, the Internet banking risks and the third-party payment system risks, and it also proposes some corresponding solutions.The fifth part summarizes the legislative principles of the electronic payment. It is divided into the legislative principles of the content and the steps. The thesis is intending to provide guidance for the prevention of the risks of the electronic payment from a macro point of view.

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CLC: > Economic > Fiscal, monetary > Finance, banking > China's financial,banking > Banking system and business
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