论第三方支付的法律风险与刑法立场

On the Legal Risk of the Third Party Payment and Its Criminal Law Position

第三方支付平台化解了电商固有的信用与安全问题,推动了电子商务的快速、健康发展,而其自身的便捷与高效也促进了金融市场的发展,有利于刺激金融创新。然而第三方支付也潜藏着诸多的法律风险,伴随着互联网金融的蓬勃发展这些风险逐渐加剧,可能演变为实际的危害,从而触及刑事法网。对此,刑法的介入必要而现实。另一方面,刑法的介入应秉承谦抑谨慎的态度,坚持二次违法性原则和鼓励金融创新原则,进行限缩性规制。

The problems of credit and security of E-commerce are solved by the establishment of the platform of the third party payment,which promotes the rapid and healthy development of e-commerce. The functions of this platform such as convenience and efficiency contribute to the development of financial markets and financial innovation. However,there are a lot of potential legal risks in the third party payment. With the vigorous development of internet finance,these risks could be aggravated gradually and might evolve into real danger and break the criminal law. Therefore,on the one hand,the involvement of criminal law is necessary and realistic. On the other hand,the involvement of criminal law should be modest and cautious. It should adhere to the principles of two-times violation and encouraging financial innovation so as to restrict the regulation.