A Comparative Study on Laws and Regulations of Electronic Payment Services in China and Taiwan

• Main Authors: Dong, Yi Dian, 董一點
• Other Authors: Lin, Yu Ting
• Format: Others
• Language: zh-TW
• Published: 2015
• Online Access: http://ndltd.ncl.edu.tw/handle/74016527094400390133

碩士 === 東吳大學 === 法律學系 === 103 === The prosperity of electronic commerce triggers the need of online payment. As the mostly-used payment instrument used online, credit card can’t be accepted in C2C transaction, nor applied for the small businesses. However, the emerging money transmission service can change the situation, The regulatory framework of electronic payment has been established in the U.S. and EU. However, contrary to the rapid development in electronic payment market, the regulation is blank both in mainland China and Taiwan. “Administrative Measures for the Payment Services Provided by Non-financial Institutions” was promulgated in 2010 in mainland China, “The Act Governing Electronic Payment Institutions” has just come into force on May 3, 2015 in Taiwan, and there are still many concerns and controversial legal issues to be studied. With an overview of the evolution and type of electronic payment, this thesis introduces development and current situation of electronic payment in mainland China and Taiwan in market and regulation aspects. Based on this introduction, this thesis investigates regulatory issues including the nature of electronic payment institutions and the supervision mode, electronic payment and bank, regulation of users’ funds, and withdrawal mechanism in a comparative way. Moreover, after clarifying the meaning of the dispute settlement mechanism of electronic payment dispute, this thesis analyzes the dispute settlement mechanism between electronic payment service users by showing an example of Alipay, and dissects the dispute settlement mechanism of disputes between electronic payment institutions and users in both lawsuit and non-lawsuit way. At last, this thesis sorts out pros and cons of regulations in mainland China and Taiwan, and the suggestions towards the legal development of electronic payment in mainland China and Taiwan are brought out as conclusion.