第三方支付的法律监管问题研究
Research on Legal Supervision Issues of Third Party Payment

近年来，互联网及电子商务的迅猛发展带动了网络交易的增长，而网络交易使得线上支付业务随之产生。消费者及商家在网络交易线上支付中出现的顾虑及问题催生了第三方支付行业的诞生及发展。目前第三方支付已经与社会生活、经济秩序等方面息息相关，网购模式下的新花样层出不穷，伴随着支付行业的蓬勃发展，例如生活中耳熟能详的支付宝、财付通等等。这是因为在电子商务这一形式下，买卖双方不能够当面进行交易，因此无法直观地进行监督，为了避免交易向对方出现违约等情形，第三方支付作为交易中介应运而生。虽然目前第三方支付在我国蓬勃发展，但是由于是新生行业且发展迅速，立法相对落后于市场发展，目前第三方支付行业仍然存在立法滞后、体系不强、法律层级低等问题。笔者从第三方支付概念界定出发，分析书里有关于第三方支付的法律法规及监管部门实务的相关案例，尝试提出完善第三方支付的法律监管建议。
In recent years, the rapid development of the Internet and e-commerce has driven the growth of online transactions, which has led to the emergence of online payment services. The concerns and problems that consumers and businesses face in online payment transactions have given rise to the birth and development of the third-party payment industry. At present, third-party payment has been closely related to social life, economic order, and other aspects. New patterns emerge in an endless stream under the online shopping mode, accompanied by the booming development of the payment industry, such as Alipay, Tenpay, and so on. This is because in the form of e-commerce, buyers and sellers cannot conduct transactions in person, and therefore cannot supervise them intuitively. In order to avoid situations such as defaulting to the other party, third-party payment has emerged as a transaction intermediary. Although third-party payment is currently flourishing in China, due to being a new and rapidly developing industry, legislation is relatively lagging behind market development. Currently, the third-party payment industry still faces problems such as lagging legislation, a weak system, and a low legal level. Starting from the definition of the concept of third-party payment, the author analyzes the relevant cases of laws, regulations, and regulatory practices related to third-party payment in the book, and attempts to propose suggestions for im-proving the legal supervision of third-party payment.