互联网金融背景下第三方支付消费者权益保护的法律监管研究——以移动支付为焦点

Research on Legal Regulation of Consumer Rights Protection in Third-Party Payment under the Context of Internet Finance—Focusing on Mobile Payment

摘要: 作为我国数字经济关键基础设施与互联网金融重要部分，移动支付近年发展迅猛。据央行、艾瑞咨询等权威数据，2022年其交易规模持续增长，在便利民生、促进消费及普惠金融中作用显著，但也面临资金与信息安全风险、消费者知情权等权益受损、公平交易权救济难等挑战。本文结合国内外研究，分析第三方支付领域消费者权益受损的表现与深层原因，指出我国现行法律层级低、监管碎片化、司法救济难、行业自律不足等问题。借鉴欧盟、美国监管经验，提出提升法律层级、推动跨部门协作搭建统一监管平台、优化司法救济机制、强化行业自律与社会共治等对策，主张构建“法律 + 技术 + 行业共治”综合监管体系，实现权益保护与创新平衡，并指出未来需关注数字人民币、新兴技术应用及跨境支付中的权益保护问题。

Abstract: As a key infrastructure of China’s digital economy and an important component of Internet finance, mobile payment has developed rapidly in recent years. According to authoritative data from the People’s Bank of China and iResearch, its transaction scale continued to grow in 2022. It has played a significant role in facilitating people’s lives, boosting consumption, and advancing inclusive finance. However, it also faces challenges such as fund and information security risks, violations of consumers’ rights (including the right to know), and difficulties in seeking remedies for the right to fair transaction. Combining domestic and international research, this paper analyzes the manifestations and underlying causes of the infringement of consumers’ rights in the field of third-party payment, and points out problems in China’s current system, including the low hierarchy of laws, fragmented supervision, difficult judicial remedies, and insufficient industry self-regulation. Drawing on the regulatory experience of the European Union and the United States, the paper puts forward countermeasures such as upgrading the legal hierarchy, promoting cross-departmental cooperation to build a unified supervision platform, optimizing the judicial remedy mechanism, and strengthening industry self-regulation and social co-governance. It advocates the construction of a comprehensive regulatory system of “law + technology + industry co-governance” to achieve a balance between the protection of rights and interests and innovation. Additionally, the paper points out that future research should focus on issues related to the protection of consumers’ rights in the context of the promotion of digital renminbi, the application of emerging technologies, and cross-border payments.