2012•Unpublished venueRequires access

Legal Analysis on the Risks of The Third Party Electronic Payment

Lisha Li

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Abstract

In our country,the legal legislation of the third-party electronic payment focuses on the financial supervision,but the civil legal relationship of the parties remains indefinite and a lot of legal risks are turned out,which stem from unauthorized payment,payment flaws,the extending flea of basic transaction,funds precipitation,and so on.If principles of contract law or tort law are applied to distribute or dissolve the risks,the parties' interests may become unbalanced.Therefore,to coordinate the parties' rights and to promote the third party electronic payment industry,traditional civil thinkings should be changed,and the third party payment laws should be made on the basis of a practical point of view.

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What this paper is about

In our country,the legal legislation of the third-party electronic payment focuses on the financial supervision,but the civil legal relationship of the parties remains indefinite and a lot of legal risks are turned out,which stem from unauthorized payment,payment flaws,the extending flea of basic transaction,funds precipitation,and so on.If principles of contract law or tort law are applied to distribute or dissolve the risks,the parties' interests may become unbalanced.Therefore,to coordinate the parties' rights and to promote the third party electronic payment industry,traditional civil thinkings should be changed,and the third party payment laws should be made on the basis of a practical point of view.

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Available abstract

In our country,the legal legislation of the third-party electronic payment focuses on the financial supervision,but the civil legal relationship of the parties remains indefinite and a lot of legal risks are turned out,which stem from unauthorized payment,payment flaws,the extending flea of basic transaction,funds precipitation,and so on.If principles of contract law or tort law are applied to distribute or dissolve the risks,the parties' interests may become unbalanced.Therefore,to coordinate the parties' rights and to promote the third party electronic payment industry,traditional civil thinkings should be changed,and the third party payment laws should be made on the basis of a practical point of view.

Key concepts: Payment, Business, Database transaction, Legislation, Payment order, Third party, Law, Tort

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