A Study on the Regulatory Framework of Third-Party Payment Service

• Main Authors: Wang BaiTso, 王百佐
• Other Authors: 陳猷龍
• Format: Others
• Language: zh-TW
• Published: 2015
• Online Access: http://ndltd.ncl.edu.tw/handle/15769705597728658988

碩士 === 輔仁大學 === 法律學系碩士在職專班 === 100 === Base on the innovation of electronic payment technology, payment models and business model has gradually changed. The innovative payment become a trend, such as the most popular example is the third-party payment services. Third-party payment service to provide trading price of gold performance guarantee mechanisms to reduce the risk of default network transactions and the integration of the existing payment instruments, such as the Internet account, e-tickets, credit cards and smart mobile devices and other payment instruments, further realization of economic integration of the actual situation target. In order to explore the faces of the third-party payment service, the business model and operation of the legal relationship, intended to be the case for the current practice by comparing the legal system as the weft, the risks associated with consumer use study the possible legal issues of third-party payment services. This article of the First chapter, which purpose is not only introducing the definition and function of third-party payment service, but also defined research framework and methods, combined with the existing literature discuss payment issues of consumer transactions in E-commerce. The Second chapter, the status of third-party payment services industry, the United States intends to PayPal, Alipay China and Taiwan Yahoo! Kimo easily pay and other business models, describing the operation of the faces of the existing third-party payment services. The Third chapter, compared with the legal norms of third-party payment services, banking law in our country to regulate third-party payment service oriented specification, how to apply our current laws, should explain the contents of third-party payment services, regulation of The Electronic Fund Transfer Act (EFTA) in USA, Payment Service Directive (PSD) in European Union and Funds Transfer Service Providers in Japan, Administrative Measures for the Payment Services Provided by Non-financial Institutions in China, the legal reference basis for comparison. The Fourth chapter, the third-party payment service legal relationship, places the traditional method hermeneutics perspective, trying to describe the practice of the third-party payment services, civil legal relations, and offered to pay for security duty as the center of the concept hereafter, and financial services as a basis for the Constitutional Human Rights, the right to choose financial services. The Fifth chapter, the third-party payment service risk management framework for the operation of the contract process management and risk management, discusses the risk management framework of the third-party payment service, such as: duty of disclosure, allocation of risk for unauthorized payment and resolve disputes and other issues. The Final chapter, third-party payment services Future, Department of summary legal relations and allocation of risk for the third-party payment service, hoping to provide specific recommendations for future deepening of third-party payment services.