论文部分内容阅读
移动支付因互联网技术的突飞猛进而迅速发展,但各方主体之间的民事法律关系亟待确定。在手机银行支付中,客户与银行形成储蓄合同、借款合同及银行结算合同关系。在第三方移动支付中,用户与支付机构形成保管合同、委托合同关系,银行与支付机构形成委托合同、备付金合同关系,用户同意支付机构向银行转委托的行为。文章通过对各方主体之间民事法律关系的梳理,有利于提高监管效率,维护金融消费者自身的合法权益。
Mobile payment has developed rapidly due to the rapid development of Internet technology. However, the civil legal relationship between the various parties needs to be determined urgently. In mobile banking, customers and banks form savings contracts, loan contracts and bank settlement contracts. In the third-party mobile payment, the user and the payment institution form a custody contract, a contractual contractual relationship, a contract commission between the bank and the payment agency, and a contractual relationship between the prepaid payment and the user’s agreement that the payment agency transfer the commission to the bank. Through combing the civil legal relations between the parties, the article is conducive to raising the efficiency of supervision and safeguarding the legitimate rights and interests of financial consumers themselves.