| Summary: | 碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 106 === Abstract
The so-called “electronic payment institution” mentioned in the specific law of the third-party payment in our country, The Act Governing Electronic Payment Institutions, is the general third-party payment institution. The act divides it further into “specialized electronic payment institutions” and “dual-status electronic payment institutions”. The relevant regulations for the former apply mutatis mutandis to the latter, and there is no significant difference between the degrees of control of the two. Banks are classified into one of the “dual-status electronic payment institutions” regulated by The Act Governing Electronic Payment Institutions and are permitted to run various businesses of the third-party payment service allowed on the regulations of the above specific law.
In order to expand markets and increase profits, banks definitely have to work hard to provide international third-party payment service. However, banks should establish basic concepts towards third-party payment service if they would like to expand business for international third-party payment service, such as the origin and development of the third-payment service, its definition & types, and its impact. After understanding the legislation in the main countries in the world and the relevant legal regulations in our country, establish discussions and find out relevant legal issues of the operation of cross-border third-party payment service run by the banking industry in our country. In the end, conclusion and suggestions will be obtained and proposed. Above is the anticipated purpose of the research.
The paper discusses the basic concepts of the third-party payment through literature review at first, including the origin and development of the third-payment service, its definition & types, and its impact to establish basic knowledge towards third-party payment service. Literature analysis is then used as the research method to explore relevant legal regulations in USA, European Union, China and Taiwan. Foreign legislative examples are discussed from four aspects of: market- entry barrier, users’ funds management, consumer rights, and money laundering control to find out the features and advantages of relevant legislation in the main countries in the world in order to provide them as the reference for the regulations modification in our country. In terms of legal regulations in our country, a discussion is carried out on the status of before and after legal legislation of third-party payment law to find out relevant controversial issues as the focal points for the regulations modification in our country in the future. In the end, the operation of cross-border third-party payment service run by the banking industry in our country is discussed, including the introduction of international cross-border third-party payment service, the type of international cross-border third-party payment service, and legal issues of international cross-border third-party payment service. The conclusion is cross-border money laundering control, protection of consumer rights, foreign exchange control, and inclusive supervision of offshore payment institutions should be paid extra attention when banks run the business of international cross-border third-party payment service.
By the end of the paper, it highlights the governing legal regulations for the operation of international third-party payment service provided by the banking industry in our country is still insufficient. It is suggested to improve it from management mechanism of users’ funds, market-entry mechanism, protection mechanism of consumer rights, and money laundering control to establish better-organized legal system for the banking industry and other third-party payment institutions in order to develop overseas market for third-party payment service and increase enterprise profits.
Keywords: Third-Party Payment, Service of The Third-Party Payment, Specific Law for The Third-Party Payment, Electronic Payment Institution, The Act Governing Electronic Payment Institutions.
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