| Summary: | 碩士 === 中原大學 === 財經法律研究所 === 105 === With the progress and development of Internet technology, the transaction online known as e-commerce has become part of people’s lives. However, the buyer and seller on the Internet do not know each other and thus it is difficult for one to trust the other hiding behind the Internet. Therefore, the payment tools in the online transaction, such as traditional ATM transfer, credit card payment, deductions from entity accounts, and pre-payment for purchasing value, have become unable to meet the needs of users and restricted the development of the online transaction, hence the appearance of the third party payment service. Such service provides the users with a much greater guarantee of a safe transaction mainly through the financing ability of the third party payment companies, and cooperates with the banks, conducting the prepaid/stored value operation similar to the deposit so that the trust issues on the Internet are resolved and the buyer and seller can feel comfortable carrying out transactions, which also accelerates the development of e-commerce.
However, the third party payment service including retaining funds, receiving in advance stored-value and the non-real transactions of “money transfers between electronic payment accounts” also involves the operations of deposit and remittance handled exclusively by traditional financial institutions. Thus, to avoid the controversy arising over application of laws and regulations, specific laws have been made by other countries to regulate the third party payment service providers not belonging to financial institutions. Furthermore, in Taiwan, the competent authority originally holding the conservative, rigorous views on such issues finally made and announced in February 2015 the specific law on the third party payment—Electronic Payment Act, which was implemented in May 2015. Nevertheless, many problems still remain controversial that require further discussion.
In addition to investigating the regulation development of the third party payment service, this paper also explores the similarities and differences between the specific law on the third party payment made in Taiwan and the international trend of such legislation, and proposes the evaluation and analysis of the existing specific law and its relevant disputes by making a comparison between the important examples of legislation on the third party payment in the world and current regulations in Taiwan.
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