| Summary: | 碩士 === 國立雲林科技大學 === 科技法律研究所 === 105 === In recent years, the soaring development of e-commerce across the Taiwan straits has brought about the need for online payments. However, many online stores with insufficient capitals or backward technologies could not accept credit card transactions. And this situation thwarted the development of C2C (Consumer to Consumer) e-commerce. Thus, in order to solve the problem, third party payment came into being. So far, European Union and America have enacted new laws or amended for third party payment. Although the market of third party payment in Taiwan and mainland China is getting more and more prosperous, laws and regulations cannot keep pace with the market. In 2010, China enacted “Non-financial Institution Payment Service Management Measures” to initiate the specific law for third party payment, however, many stipulations in this law is still preliminary and far from enough and perfection. Until May 2015, the conservative and prudent financial administration in Taiwan enacted the specific law, “the Act Governing Electronic Payment Institutions”, but it showed many issues and problems for implement. Thus, this study focused on the comparison of the current regulations and practices for third party payments in Taiwan and in China, especially on the issues of them. Besides, this study used the cases in EU and US as references to give the direction to legal workers in future.
This study represented the development and model of third party payment services briefly, and the issues in the supervision of third party payments were analyzed and discussed to realize the necessities and reasons of these regulations. We reviewed the historical and current development of third party payment services in Taiwan and China respectively. Additionally, the structure and shortages of the current regulations were estimated. According to these points, we would not only analyze and discuss the five issues from: the characteristics of third party payment institutions, selections of supervisory models, banks and third party payments, supervision of user’s fund security and market exit mechanism, and the current system of alternative dispute resolution across Taiwan strait. Moreover, we would compare those between Taiwan and China. Finally, we would sum up the all issues that were mentioned in the context. Based on the legal issues, we would compare the advantages and shortages of legal systems in Taiwan and China to improve the regulations of third party payment across Taiwan straits.
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