我国第三方跨境支付法律监管研究
发布时间：2018-07-13 14:18
【摘要】：随着互联网技术的迅猛发展以及经济全球化的不断深化,跨境电子商务和第三方跨境支付业务在近年来呈现出蓬勃发展的态势,我国消费者越来越多地选择在海外购物平台购买商品,第三方支付机构也将自己的业务领域扩展至第三方跨境支付市场。但与第三方支付业务的高速发展相比,我国对此领域的相关立法及监管制度建设却显得相当滞后,随着2013年我国正式开展支付机构跨境外汇支付业务的试点,该领域的法律监管已经引起相关立法者和监管机构的重点关注。目前我国第三方跨境支付领域的专门立法较少,除外汇管理外,第三方跨境支付的法律监管基本上参照适用第三方境内支付的相关法律和监管制度。因此,研究第三方跨境支付法律监管问题,对我国跨境电子商务和第三方跨境支付法律监管的完善具有重要的理论和现实意义。除引言和结语外,本文主要分为四个部分。第一部分对电子支付、第三方支付及第三方跨境支付的基本概念、支付模式、分类、发展历程等基本问题进行了系统论述,并结合“中美电子支付服务争端案”指出“电子支付”包括金融机构的电子支付和非金融机构的电子支付,第三方跨境支付是第三方支付具备“跨境”要素后的特殊情形,从而形成对第三方跨境支付法律监管较为清晰的理解,理清了本文主要的研究思路和研究重点。第二部分论述了我国第三方跨境支付领域的法律监管在立法现状、监管模式、第三方支付机构定位、市场准入、沉淀资金监管与安全、消费者权益保护、反洗钱制度、外汇管理等方面的内容,指出了我国第三方跨境支付法律监管存在的不足,主要包括基本法律监管制度中存在的问题和外汇监管方面存在的问题。第三方跨境支付基本法律监管制度中主要存在第三方支付机构定位模糊、法律监管体系不健全、专门立法不完善、消费者权益保护力度不足等问题,外汇监管制度中存在外汇交易真实性无法保证及外汇收支统计准确性下降的问题。第三部分主要是对第三方跨境支付最具代表性的欧美发达国家的法律监管进行考察,在具体内容上涉及监管模式、第三方支付机构的定位、市场准入、沉淀资金的监管与安全、消费者权益保护等方面,并分析了欧美发达国家相关经验对我国第三方跨境支付法律监管的启示。第四部分主要是在总结前文研究的基础上,针对我国第三方跨境支付法律监管存在的问题,并结合欧盟发达国家对我国的启示,提出我国第三方跨境支付法律监管的对策与建议,主要包括国内法和国际法两个层面的内容。在国内法层面,主要提出了应赋予第三方支付机构“准金融机构”的法律地位、完善第三方跨境支付监管体系、完善第三方跨境支付专门立法、加强消费者权益保护与客户沉淀资金管理以及完善第三方跨境外汇管理制度等建议;在国际法层面,主要提出了要强化WTO规则意识、推动第三方跨境支付国际化和参照GATS、《有效银行监管核心原则》和《国际贷记划拨示范法》等国际法规建立国际化第三方跨境支付监管标准、加强国际合作的建议,并尝试讨论了我国在制定国际化的第三方跨境支付监管标准及加强区域监管合作等方面的可能性。
[Abstract]:With the rapid development of Internet technology and the deepening of economic globalization, cross-border e-commerce and third party cross-border payment services have shown a booming trend in recent years. More and more Chinese consumers choose to purchase goods on the overseas shopping platform, and the third party payment institutions have also extended their business areas to third. However, compared with the rapid development of the third party payment business, the construction of the relevant legislation and supervision system in this field is quite lagging behind. With the formal implementation of the pilot of the cross-border payment business in China in 2013, the legal supervision in this field has already aroused the focus of the relevant legislators and regulators. At present, there are few special legislation in the third party's cross-border payment field. In addition to foreign exchange management, the legal supervision of the cross-border payment of the third party is basically referenced to the relevant laws and regulatory systems for the domestic payment of third parties. Therefore, the study of the legal supervision over the cross-border payment of the border between the third parties, cross-border e-commerce and the cross-border branch of the third party in China In addition to the introduction and conclusion, this article is divided into four parts. In the first part, the basic concepts of electronic payment, the third party payment and the three party cross-border payment, the payment mode, the classification, the development process and other basic issues are systematically discussed, and the "electronic payment suit" between China and the United States is combined. "Electronic payment" points out that "electronic payment" includes electronic payment of financial institutions and electronic payment by non financial institutions. The third party cross-border payment is a special case after third party payment has "cross-border" elements, thus forming a clearer understanding of the legal supervision over the cross-border payment of third parties and clarifying the main research ideas of this article. The second part discusses the legal supervision of China's third party cross-border payment in the legislative situation, the mode of supervision, the positioning of the third party payment institutions, the market access, the supervision and security of the precipitated funds, the protection of the consumer rights and interests, the anti money laundering system, the foreign exchange management and so on, and points out the legal supervision over the cross-border payment of our country's third parties. The problems existing in the basic legal supervision system and the problems existing in the foreign exchange supervision are mainly included in the third party's basic legal supervision system of cross-border payment. The main existence of the third party payment institutions is vague, the legal supervision system is not perfect, the special legislation is not perfect, and the protection of the rights and interests of the consumers is not enough, and so on. There is no guarantee of the authenticity of foreign exchange transactions and the decline in the accuracy of the statistics of foreign exchange receipts and payments. The third part is mainly the investigation of the legal supervision of the third European and American developed countries, which are the most representative of the cross-border payments. The specific content involves the regulatory model, the positioning of the third party payment institutions, the market access, and the precipitation. The supervision and security of funds, the protection of the rights and interests of consumers, and the revelation of the related experience of the developed countries in Europe and the United States to the legal supervision of third party cross-border payment in China. The fourth part is mainly on the basis of summarizing the previous research, aiming at the problems existing in the legal supervision and management of the cross-border payment of third parties in our country, and combining with the developed countries of the EU to me. On the basis of domestic law, the legal status of the "quasi financial institutions" should be given to the third party payment institutions, and the legal status of the "quasi financial institutions" should be given to the third party payment institutions, and the cross border payment supervision system of the third party should be perfected to improve the cross-border branch of the third party. Paying special legislation, strengthening the protection of consumers' rights and interests and settling capital management of customers and perfecting the third party cross-border foreign exchange management system. At the level of international law, we mainly put forward to strengthen the awareness of WTO rules, promote the internationalization of third parties' cross-border payments and refer to the GATS, the core principles of effective banking supervision and the model law of international credit transfer. International regulations should be established to establish international third party cross-border payment supervision standards, strengthen international cooperation proposals, and try to discuss the possibility of developing international standards for cross-border payment supervision and strengthening regional supervision cooperation.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D922.28
[Abstract]:With the rapid development of Internet technology and the deepening of economic globalization, cross-border e-commerce and third party cross-border payment services have shown a booming trend in recent years. More and more Chinese consumers choose to purchase goods on the overseas shopping platform, and the third party payment institutions have also extended their business areas to third. However, compared with the rapid development of the third party payment business, the construction of the relevant legislation and supervision system in this field is quite lagging behind. With the formal implementation of the pilot of the cross-border payment business in China in 2013, the legal supervision in this field has already aroused the focus of the relevant legislators and regulators. At present, there are few special legislation in the third party's cross-border payment field. In addition to foreign exchange management, the legal supervision of the cross-border payment of the third party is basically referenced to the relevant laws and regulatory systems for the domestic payment of third parties. Therefore, the study of the legal supervision over the cross-border payment of the border between the third parties, cross-border e-commerce and the cross-border branch of the third party in China In addition to the introduction and conclusion, this article is divided into four parts. In the first part, the basic concepts of electronic payment, the third party payment and the three party cross-border payment, the payment mode, the classification, the development process and other basic issues are systematically discussed, and the "electronic payment suit" between China and the United States is combined. "Electronic payment" points out that "electronic payment" includes electronic payment of financial institutions and electronic payment by non financial institutions. The third party cross-border payment is a special case after third party payment has "cross-border" elements, thus forming a clearer understanding of the legal supervision over the cross-border payment of third parties and clarifying the main research ideas of this article. The second part discusses the legal supervision of China's third party cross-border payment in the legislative situation, the mode of supervision, the positioning of the third party payment institutions, the market access, the supervision and security of the precipitated funds, the protection of the consumer rights and interests, the anti money laundering system, the foreign exchange management and so on, and points out the legal supervision over the cross-border payment of our country's third parties. The problems existing in the basic legal supervision system and the problems existing in the foreign exchange supervision are mainly included in the third party's basic legal supervision system of cross-border payment. The main existence of the third party payment institutions is vague, the legal supervision system is not perfect, the special legislation is not perfect, and the protection of the rights and interests of the consumers is not enough, and so on. There is no guarantee of the authenticity of foreign exchange transactions and the decline in the accuracy of the statistics of foreign exchange receipts and payments. The third part is mainly the investigation of the legal supervision of the third European and American developed countries, which are the most representative of the cross-border payments. The specific content involves the regulatory model, the positioning of the third party payment institutions, the market access, and the precipitation. The supervision and security of funds, the protection of the rights and interests of consumers, and the revelation of the related experience of the developed countries in Europe and the United States to the legal supervision of third party cross-border payment in China. The fourth part is mainly on the basis of summarizing the previous research, aiming at the problems existing in the legal supervision and management of the cross-border payment of third parties in our country, and combining with the developed countries of the EU to me. On the basis of domestic law, the legal status of the "quasi financial institutions" should be given to the third party payment institutions, and the legal status of the "quasi financial institutions" should be given to the third party payment institutions, and the cross border payment supervision system of the third party should be perfected to improve the cross-border branch of the third party. Paying special legislation, strengthening the protection of consumers' rights and interests and settling capital management of customers and perfecting the third party cross-border foreign exchange management system. At the level of international law, we mainly put forward to strengthen the awareness of WTO rules, promote the internationalization of third parties' cross-border payments and refer to the GATS, the core principles of effective banking supervision and the model law of international credit transfer. International regulations should be established to establish international third party cross-border payment supervision standards, strengthen international cooperation proposals, and try to discuss the possibility of developing international standards for cross-border payment supervision and strengthening regional supervision cooperation.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D922.28
【相似文献】
相关期刊论文 前10条
1 雷战波;段明周;;第三方支付行业面临的法律问题浅析[J];商场现代化;2007年32期
2 冯艳丽;;试论中国第三方支付企业的风险揭示[J];学理论;2011年36期
3 吕斌;陈攀;;第三方支付业同质化隐忧[J];法人;2012年08期
4 王新成;谈小生;周冲;;第三方支付平台法制管理问题探究[J];中国信用卡;2013年01期
5 中国人民银行张家口市中心支行课题组;赵连飞;何连云;;第三方支付法律风险问题研究[J];河北金融;2013年03期
6 张志国;;第三方支付的法律问题研究[J];中国信用卡;2014年06期
7 李楠;;第三方支付风险与对策分析[J];祖国;2013年12期
8 杨国明;李保华;;第三方支付法律问题刍议[J];金融经济;2006年08期
9 王s，
本文编号：2119666
本文链接：https://www.wllwen.com/jingjilunwen/jiliangjingjilunwen/2119666.html
