The risks faced by third-party payment pos machines in China and the improvement of relevant legal systems

First, the status quo of third-party payment POS machines

The third-party payment pos machine has been developing in China for ten years. During this decade, with the large increase in the number of Internet users, the number of people using POS machines has also increased rapidly. Especially in the C2C field, third-party payment pos machines have become mainstream payment tools. According to iResearch research, the total transaction volume of China's third-party payment pos machine market reached RMB 274.3 billion in 2008, an increase of 181% compared with 2007, far higher than the growth rate of 49.2% in the network economy, and the most developed on the Internet. Fast industry. In the third-party payment POS machine market, Alipay, ChinaPay, Tenpay, Epro POS machine payment, fast money pos machine ranks in the top five trading volume. Faced with such a vigorous market and development momentum, this self-proclaimed network intermediary across the financial and IT industries has received attention from all parties. Enterprises engaged in online payment have also brought many new problems to be solved while promoting the development of the third-party payment pos machine market in China. According to incomplete statistics, there are more than 50 companies providing third-party online payment services, and nearly 20 well-known third-party payment platforms, mainly concentrated in developed regions such as Beijing, Shanghai, Hangzhou, and Guangdong. The thriving development of third-party payment pos machines has involved more and more enterprises and the public, and has formed a huge scale of funds. However, its potential risks in legal, financial, and regulatory aspects have also become prominent and have caused management. The authorities attach great importance to it.

Second, the risk of third-party payment pos machine

1. Legal risk

At present, there is no law in China specifically dealing with electronic payment relations. Disputes can only be dealt with by reference to some basic principles of civil law and contract law. Many new situations have emerged that protect the legitimate rights and interests of consumers. For example, in online transactions, consumers only have the right to accept the contract, and then check the service agreement of some online payment companies, which is obviously the unequal responsibility and rights. This situation has led many consumers to dare not use online payment, which has hindered the development of the online payment industry. The reason, the uncertainty of the nature of the enterprise is the biggest legal risk faced by third-party payment pos machines. Uncertainty of the nature of the business has caused it to be outside of regulation. Third-party online payment companies claim to be network intermediary service organizations, but see that their business involves more financial services. In the account mode of the third-party payment POS machine, the nature of the fund savings is already available, and the settlement of funds is involved. According to the "Commercial Banking Law", these businesses must be approved by the China Banking Regulatory Commission. However, the third-party payment POS machine has not been properly regulated, and it is suspected of “illegal operation”. Because the third-party payment POS machine is engaged in financial value-added services, if the lack of supervision will lead to a disorderly development of the payment market, it will affect social stability in severe cases.

2. Financial risk

During the two sessions in 2009, China Merchants Bank President Ma Weihua’s proposal “Strengthening Internet Third Party Payments POS Machine Platform and Virtual Currency Supervision” shows that the financial risk of controlling third party payment POS machines is imminent. Most of the financial risks appear in the account model. The first is the risk of depositing funds. The third-party payment POS machine adopts the second clearing method, that is, the buyer's payment and the seller's payment are completed twice, which means that the purchase price will stay for a period of time in the third-party payment pos machine platform. The funds are combined with the funds deposited by the user on the third-party payment pos machine platform to constitute a deposit. Only Alipay's third-party payment pos machine company's daily transaction amount reached 450 million yuan, it can be seen that the scale of the entire market deposit funds has been quite large. If you do not disclose and clarify the use and management of this fund, it will trigger payment and moral hazard. Secondly, there is still the risk of cashing out. In the real society, the credit card cashing situation has shifted to the Internet with the development of electronic payment, and the third party payment POS machine has become a tool used by criminals. In addition, there is also the risk of virtual currency issuance. Most of the accounts of third-party payment pos machine companies in China can purchase electronic money (for account recharge) in a fixed currency, and then use the electronic money to purchase goods or services, thereby making the electronic Currency has a wide range of payment capabilities and cash substitution characteristics. If you do not supervise, you may face the same problems as the physical currency, such as inflation, money laundering and other risks.

3. Market risk

That is, the entire payment market brings some uncertainty to the third-party payment pos machine platform. With the rapid development of online shopping, China's third-party payment POS machine market has experienced unprecedented prosperity. The third-party payment pos machine platform is more competitive. According to incomplete statistics, there are more than 50 third-party payment providers, and the homogenization is serious. Companies seize market share without cost. They are now in the stage of attracting users with free services. This will inevitably reduce the profit margin of third-party payment pos machine platform, and bring certain risks, such as credibility crisis. In addition, with the increase of this part of the market share, banks have a tendency to change from cooperation to competition. The direct entry of the banking industry undoubtedly further aggravated the competition pattern of the third-party payment pos machine industry and caused a huge impact on the emerging third-party payment pos machine industry.

4. Credit risk

That is, the risk of default. Users will leave relevant personal information and transaction data on the pos machine platform more or less in the third party payment registration and transaction. If the data and information are leaked, used for other purposes or traded, it will bring to the buyer and the seller. Potential risks, and even economic losses, raise some ethical issues. At present, the premise of successfully completing the transaction through the third-party payment pos machine platform is that both the customer and the merchant trust the third party to pay for the POS machine enterprise. The credit source of third-party payment pos machine enterprises in China is the supervision of government departments and the credit of cooperative banks. The most important thing is the behind-the-scenes bosses of the platform, such as Alipay and Alibaba, PayPal and EBAY, Tenpay and Tencent, most of them. Consumer trust in third-party payments comes from this. Once these companies have problems, it will inevitably affect the credit of third-party payment pos machine enterprises.

5. Technical and operational risks

Technical risks mainly come from both hardware and software. The risk of hardware equipment mainly refers to the fact that the hardware equipment's model, capacity, quantity, operation status and processing capacity during peak hours cannot meet the needs of normal online payment, and cannot be effectively and timely dealt with unexpected events. Economic losses. The software risk mainly refers to the software's operating efficiency, business processing speed and reliability can not meet the business needs to bring losses to third-party payment companies. Criminals rely on loopholes in payment software to commit crimes. In addition to technical risk of human negligence or deliberate operational violations will bring risks to third parties paying pos machines.

Third, the third party payment POS machine risk control strategy

The risk of third-party payment POS machine is not only for the third-party payment pos machine platform, but also has a close relationship with the participating entities. Therefore, in order to control the risk of the third-party payment pos machine, it is necessary to carry out the specification one by one from these participants. .

1. Control measures for the risk of third party paying pos machine by the regulatory agency

For the third-party payment pos machine, this new type of enterprise must first improve its regulations and policies, and regulate and operate it. First, clarify its regulatory body on the premise of studying the nature of third-party payment pos machines. The type of business specified in the Administrative Measures for Payment and Clearing Organizations (Draft for Comment) issued in June 2005 can be defined as non-bank financial institutions. Then its supervisory departments are mainly: the People's Bank of China, the administrative department for industry and commerce, the administrative department of information industry, and the tax authorities. Second, it is necessary to supervise the current third-party payment POS machine business. In particular, the supervision of deposit funds in the account model, the introduction of policies can require third-party payment POS machine enterprises to set up basic accounts and transfer accounts and establish a deposit system. The basic account manages the income and expenditure of the company's own funds, the transfer account manages the collection and payment of the client's funds, and strictly abides by the "payment and settlement method" in the process of fund collection and payment, cannot intercept the client's funds, and cannot use the client's funds for its own purposes. Operate and issue loans, and not use the funds in the transfer account for venture capital. Third, standardize the third-party payment POS machine corresponding operations, establish a market access and exit mechanism. Secondly, it is clear that the third-party payment POS machine has legal obligations to prevent cashing and anti-money laundering, and draws on foreign advanced experience to formulate relevant laws and regulations to protect the interests of electronic money users. Finally, establish a network integrity mechanism to raise the awareness of netizens' paid services. A good network environment will promote the healthy and orderly development of third-party payment pos machines.

2. Third-party payment pos machine enterprise's control measures for its risks

In the face of market risks, third-party payment pos machines must first improve their competitiveness and increase market viscosity. At present, the third-party payment POS machine market is highly competitive. In order to survive for a long time, it is necessary to enhance service awareness and provide users with a variety of terminals and service products. The expansion of services can be carried out in two aspects. One is the expansion of online value-added services, from a single payment service to logistics options, credit guarantees to payment solutions; from online payment to mobile payment, telephone payment, etc. On the other hand, the expansion of the payment field, from a single payment tool for e-commerce companies to provide payment platforms for some entities, such as administrative services, public utilities payments, cultural and educational services, travel services, etc. . In addition, innovative marketing strategies are needed to build their core competitiveness through in-depth innovation. Secondly, third-party payment pos machines also have the responsibility to withstand financial risks. The first is to pay attention to the security of its own services from a technical perspective. Constantly strengthen the construction of software and hardware, pay attention to the improvement, update and development of technology. The second is to establish a credit system. Third-party payment pos machine companies can establish customer credit evaluation systems and authentication mechanisms to prevent online fraud, POS machine cash, money laundering and other illegal activities. The third is to start with employee training to improve the integrity, self-discipline and risk prevention of employees.

3. Bank's control measures for third party payment pos machine risk

The bank is a partner institution for third-party payment pos machine companies. Without the participation of the bank, the third party payment pos machine will not exist. As the main body, under the premise of strictly implementing the national laws and financial policies, banks should strive to improve their own security level, strengthen the hardware environment and software platform construction, improve safety management measures, improve rules and regulations, standardize operations, and implement review and decentralization. Control mechanisms to strengthen safety certification and promote the use of digital certificates. As a participant, when banks choose to cooperate with third-party payment pos machines, they must strictly review their specific information such as size, reputation, and technical level to ensure cooperation with high-quality third-party payment institutions.

4. User's control measures for third party payment pos machine risk

For the user, it is necessary to prevent the risk of the third party paying the POS machine from two aspects. First, rationally choose a third-party payment institution. Although all third-party payment companies claim that they attach importance to safety and high reliability of use, users should pay attention to selecting third-party payment institutions with high credibility and good faith when using pos machine to pay for services. The cost of machine processing. Reputable payment service providers, large customer volume, obvious economies of scale, strong resources, stable service, diversified profit points, advanced technology, safe and secure, mature and effective risk prevention system, etc. It is possible to minimize the risk that users may experience in using third party payment pos machine services. Second, strengthen the awareness of online secure payment. Because from the merchant to the bank to the third-party payment companies have encryption controls in between, the information transmission link generally does not have problems. Most of the user accounts are stolen from the user side, so improving their security awareness is the best security.

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