电子支付中的四方关系及其规范架构

Quartet Relations in Electronic Payment and Its Normative Framework

在电子支付中,付款人与付款机构的资金关系基于支付委托合同,付款人凭付款指令发起付款程序,由此产生付款人与付款机构的各项权利义务关系。托收关系以托收委托合同为基础,但托收机构执行收款通常另需收款指令及双方托收约定。在基础关系中,电子转账与第三方支付中的"扫码支付"构成履行,其他电子支付方式构成间接给付。在检讨支付方式原型时,立法者应吸纳部分高流动性的非现金支付方式,将其与现金付款等同视之。支付服务商间以央行支付系统为中介成立结算关系。前述四方关系构成电子支付的统一法律框架。

In electronic payments, the payment relationship between the payer and the payment institution is based on the payment of the contract, and the payer initiates the payment procedure with the payment order, thereby generating the rights and obligations of the payer and the payment institution. The collection relationship is based on the collection of the entrusted contract, but the collection agency is required to collect the receipt and the collection agreement. In the basic relationship, electronic transfer and third party payment in the 'sweep payment' constitute the implementation of other forms of electronic payment constitute an indirect payment. In reviewing the payment form of the prototype, the legislator should absorb part of the high liquidity of non-cash payment, and cash payments equal to the same. Payment service providers to the central bank payment system as the intermediary set up a settlement relationship. The foregoing Quartet constitutes a uniform legal framework for electronic payments.