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在复杂的支付环境下,非授权支付成为侵害第三方支付用户权益的重要原因。现行法律少有规定用户与支付机构间的损失分配,《非银行支付机构网络支付业务管理办法》虽有所涉及,但尚未构建一套合理而完整的制度。用户资金安全的保障需求迫在眉睫,立法者在制定非授权第三方支付责任承担规则时,可参考美国经验,引入安全程序规则,在支付机构和用户之间合理分配损失。
In a complex payment environment, non-authorized payment has become an important reason that infringes the rights and interests of third-party payment users. The existing laws rarely stipulate the distribution of losses among users and payment agencies. Although the Measures for the Administration of Internet Payment Services for Non-bank Payment Institutions are involved, a reasonable and complete system has not yet been established. In order to guarantee the security of user funds, it is imminent that when legislators make non-authorized third-party payment responsibility rules, they may refer to American experience and introduce rules of security procedures to allocate losses reasonably between payment agencies and users.