第三方支付平台的法律风险与防范研究
发布时间：2019-02-22 09:56
【摘要】：随着互联网的快速发展,互联网金融正在悄无声息地改变着人们传统的生活方式,其中第三方支付平台作为新兴的互联网金融产物不仅为电子商务提供了方便快捷的资金转移通道,同时也为传统实体经济带来了一场大规模的支付变革。近年来,第三方支付市场在国家政策的支持下百花齐放,交易规模逐年快速增长,但由于我国网络支付起步较晚,相关法律法规并未跟上互联网金融发展的速度,现有监管体系并不完善,加之互联网环境错综复杂,第三方支付平台在方便人们生活的同时也为人们带来诸多法律风险,如洗钱、信用卡套现、逃税等。这些风险若得不到有效防范,不仅会损害广大消费者的利益,甚至会威胁社会整体金融秩序的稳定。相较于我国,国外第三方支付业务起步较早,相应的监管体系伴随着业务发展已相对成熟,尤其在美国、欧盟等发达国家,从立法法规到监管措施上均具有独特性,且在消费者保护、反洗钱等方面更具有借鉴价值。反观我国的立法体系和监管制度,我国对第三方支付平台的规范仍存在许多不足之处,对消费者的保护力度亟待加强。本文拟从第三方支付平台运行模式及法律风险成因进行分析,将第三方支付法律风险按风险来源分为两类,并进行相关案例分析,通过案例分析深入探讨第三方支付平台法律风险特点、成因及应对措施。同时,对我国有关第三方支付平台的立法情况进行概述和分析,并对美国、欧盟等国家和地区相关立法情况和监管措施进行阐述,进而对我国的立法体系和监管措施提出建议。
[Abstract]:With the rapid development of the Internet, Internet finance is quietly changing people's traditional way of life. As a new Internet financial product, the third-party payment platform not only provides a convenient and fast channel for the transfer of funds for e-commerce, but also brings a large-scale payment reform to the traditional real economy. In recent years, with the support of national policies, the third-party payment market has bloomed, and the scale of transactions has increased rapidly year by year. However, due to the late start of online payment in China, the relevant laws and regulations have not kept pace with the development of Internet finance. The existing regulatory system is not perfect, in addition to the complex Internet environment, third-party payment platforms not only facilitate people's lives, but also bring people a lot of legal risks, such as money laundering, credit card cash, tax evasion and so on. If these risks are not effectively prevented, they will not only harm the interests of consumers, but also threaten the stability of the whole social financial order. Compared with our country, foreign third-party payment business started earlier, the corresponding regulatory system has been relatively mature with the development of business, especially in the United States, the European Union and other developed countries, from the legislative regulations to regulatory measures are unique. And in consumer protection, anti-money laundering and other aspects have more reference value. Looking back at our country's legislative system and supervision system, there are still many deficiencies in the regulation of third-party payment platform in our country, and the protection of consumers needs to be strengthened urgently. This paper analyzes the operation mode of third-party payment platform and the cause of legal risk, divides the legal risk of third-party payment into two categories according to the risk source, and carries on the related case analysis. This paper discusses the legal risk characteristics, causes and countermeasures of third-party payment platform through case analysis. At the same time, this paper summarizes and analyzes the legislation of the third-party payment platform in China, and expounds the relevant legislation and regulatory measures of the United States, the European Union and other countries and regions, and then puts forward some suggestions on the legislative system and regulatory measures of our country.
【学位授予单位】：天津财经大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D922.28
[Abstract]:With the rapid development of the Internet, Internet finance is quietly changing people's traditional way of life. As a new Internet financial product, the third-party payment platform not only provides a convenient and fast channel for the transfer of funds for e-commerce, but also brings a large-scale payment reform to the traditional real economy. In recent years, with the support of national policies, the third-party payment market has bloomed, and the scale of transactions has increased rapidly year by year. However, due to the late start of online payment in China, the relevant laws and regulations have not kept pace with the development of Internet finance. The existing regulatory system is not perfect, in addition to the complex Internet environment, third-party payment platforms not only facilitate people's lives, but also bring people a lot of legal risks, such as money laundering, credit card cash, tax evasion and so on. If these risks are not effectively prevented, they will not only harm the interests of consumers, but also threaten the stability of the whole social financial order. Compared with our country, foreign third-party payment business started earlier, the corresponding regulatory system has been relatively mature with the development of business, especially in the United States, the European Union and other developed countries, from the legislative regulations to regulatory measures are unique. And in consumer protection, anti-money laundering and other aspects have more reference value. Looking back at our country's legislative system and supervision system, there are still many deficiencies in the regulation of third-party payment platform in our country, and the protection of consumers needs to be strengthened urgently. This paper analyzes the operation mode of third-party payment platform and the cause of legal risk, divides the legal risk of third-party payment into two categories according to the risk source, and carries on the related case analysis. This paper discusses the legal risk characteristics, causes and countermeasures of third-party payment platform through case analysis. At the same time, this paper summarizes and analyzes the legislation of the third-party payment platform in China, and expounds the relevant legislation and regulatory measures of the United States, the European Union and other countries and regions, and then puts forward some suggestions on the legislative system and regulatory measures of our country.
【学位授予单位】：天津财经大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D922.28
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