法律视野下的移动支付:责任规制与立法完善逻辑

Mobile Payment Research Based on the Law Perspective:Liability Regulation and Legislation Logic

移动支付的交易环节最易产生法律纠纷。对于移动支付故障,应当公允、合理界定相关主体的法律责任。承担法律责任的形式应当包括返还资金、支付利息,补足差额,偿还汇率波动导致的损失等。法律责任规制和金融消费者保护方面,存在诸多立法缺失与困境。移动支付发展必须有良善、完备的法律基础。着力完善金融消费者保护的法律法规,为金融消费者权益的维护提供充足、有效的法律供给,强化金融消费者教育;加强立法,明确当事人法律关系、归责原则及举证责任等,是解决法律纠纷、公平分担法律责任的制度性基础。

Transactions in mobile payment is most prone to cause legal dispute. For the legal disputes, the legal responsibility should be fairly, reasonably configured among the related subjects. The forms of burdening liability include to return the principal, pay the interest, compensate the balance and the loss due to the fluctuation of exchange rate. When related to the regulation of legal liability and the protection of financial consumer, there are many defects of legislation and predicament. A good and complete legal environment is the foundation for mobile payment to develop. The article suggests to perfect the laws and regulations of financial consumer protection, provide adequate and effective legal in order to protect the financial consumers, and reinforce the education of financial consumers. Strengthening legislation so as to make clear of the legal relationship, responsibility principle and burden of persuasion, is the institutional basis to solve the legal disputes and fairly share of legal responsibility among the legal subjects.