《电子商务法》电子支付立法精神与条文适用

On the Legislative Spirit and Clause Application of Electronic Payments of E-Commerce Law

《电子商务法》是首部对电子支付加以规定的法律,是法治回应新技术变革市场的实践。规范电子支付有利于促进行业可持续发展,也有助于电子商务的健康发展。《电子商务法》对电子支付加以规定的主要立法精神是促进行业健康发展,其主要目的是合理维护用户合法权益和保障支付安全、防范风险。《电子商务法》主要从电子支付用户的自主选择权、知情权、公平交易权、免费对账的权利、安全受保障权以及对于错误支付和未授权支付的处理上维护了用户的合理权益。维护安全、防范风险是支付相关立法的主轴,《电子商务法》主要从电子支付指令和安全管理要求方面完善了有关支付安全保障和风险防范的法律规定,并适当规定了用户应尽的义务,以更好地维护其合法权益,同时保障支付安全,促进行业发展。

The E-Commerce Law has been the first law which regulates electronic payments and responds to new technological changes in the market.It helps to promote the sustainable development of electronic payment industry and contribute to the healthy development of e-commerce.The main legislative spirit of E-Commerce Law for regulating electronic payments is to promote the healthy development of the industry,whose main purpose is to properly safeguard the legitimate rights and interests of users and to ensure payment security and prevent risks.Reasonably safeguarding user rights is an important legislative spirit of the E-Commerce Law which runs through its entirety.The E-Commerce Law safeguards the reasonable rights and interests of users,the customers of electronic payment service,by mainly protecting their rights to independent selection,rights to know,rights of fair trade,free reconciliation rights,rights to enjoy security and by properly dealing with erroneous payments and unauthorized payments.Maintaining security and preventing risks are the principal axes of payment-related legislation.The E-Commerce Law has improved the legal provisions on payment security assurance and risk prevention with electronic payment instructions and security management requirements and appropriately stipulated the due obligations of users in order to better protect their legitimate rights and interests along with ensuring payment security and bolstering industrial development.