本文首先著重於第三方支付專法—電子支付機構管理條例，就疑義 之處提出實務與學者見解加以參照；再者聚焦於第三方支付平台使用者 之權益保護與第三方支付平台交易糾紛解決機制之建構。前者主要探討 第三方支付平台與使用者間之權利義務，包含契約與侵權責任之分析； 後者則係先比較美中台現有第三方支付平台業者解決紛爭之方式，歸納 分析其優缺後，嘗試在第三方支付平台之內部紛爭解決機制、行政機關 調解、法院訴訟外，提供第三方支付平台使用者另一種替代解決紛爭之 方式(如線上仲裁)，得以低成本且符合經濟效率之方式解決交易糾紛， 期有助於我國第三方支付產業之長遠發展。;Along with the boom of online transactions, people are increasingly buying things online. A mature Internet payment thus plays an important role in the payment system. Unlike the traditional Internet payment, third-party payment which provides Escrow has gradually been taken seriously. Some famous third-party payment companies such as PayPal of US and Alipay of China have developed a set of regulatory norms. In 2015, we finally passed the legislation of third-party payment called The Act Governing Electronic Payment Institutions. Because the act and the other subordinate laws enforcement, let the third-party payment industry can run in compliance with it and thus consumer rights are protected.
Firstly, this thesis tries to assessing the " The Act Governing Electronic Payment Institutions " special law and related sub-law, be aggregated and focused summaries and personal opinions, then focuses on the consumer right and the transaction dispute settlement mechanism of the third-party payment. The former analyzes the rights and obligations between the third-party payment and users, including contract and tort liability; the latter compares the different transaction dispute settlement mechanisms of the third-party payment between America, China and Taiwan. Furthermore, in order to resolve transaction disputations through a low-cost and efficient way, this thesis tries to provide an online dispute resolution mechanism for users which differ in executive mediation and litigation, praying this mechanism can contribute to long-term development of our country′s third-party payment industry.
