第三方支付业务离不开银行的支持，该业务涉及银行、支付机构、客户三方，法律关系较为复杂。由于立法和监管的缺失，第三方支付存在许多法律问题尚未解决，商业银行与第三方支付机构的业务合作在合作主体选择、客户信息保护、不法行为监控、客户身份认证、消费者权益保护等方面存在诸多法律风险。商业银行要健全与第三方支付机构的业务合作机制、加强与第三方支付机构业务合作的操作风险管理，以有效防范与第三方支付机构业务合作的法律风险。%The third party payment service can not separate from bank’s support,involving banks,payment institutions and customers,among which the legal relationship is rather complex. Due to the lack of legislation and regulation ,there are many legal issues which have not been solved yet about third party payment. There exist many legal risks in the business cooperation between commercial banks and third-party payment agency,such as selection of cooperative parties,customer information protection,illegal behavior monitoring,client authentication, protection of consumers’ rights and interests,etc. Commercial banks should improve business cooperation mechanism with third-party payment institutions , strengthen operational risk management with third-party payment agency business cooperation so as to effectively prevent the legal risk in the business cooperation with third-party payment agency.
展开▼
