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自2013年我国推出跨境电子支付试点以来,第三方跨境电子支付机构蓬勃发展,跨境人民币支付市场迅速扩张。但正如任何新生事物一样,第三方跨境电子支付在使得交易更加便捷的同时也带来了法律适用上的难题,特别是在消费者保护方面,存在连结点弹性化、意思自治原则的滥用和准据法的落空等问题。除了完善立法和法律解释,我国还应合理利用软化连结点,协调意思自治与强行法的适用,以求在网络环境中充分保障消费者的权益。
Since China launched its pilot cross-border electronic payment in 2013, the third-party cross-border electronic payment agencies have been booming and the cross-border RMB payment market has expanded rapidly. However, as with any new-born thing, the third-party cross-border electronic payment brings with it some legal challenges as well as facilitating the transaction. In particular, there is the issue of consumer flexibility in the aspects of link flexibility and the principle of autonomy of will Laws and regulations of the fall and other issues. In addition to improving the legislative and legal interpretation, our country should also make rational use of the softening link to coordinate the application of autonomy of will and jus cogens in order to fully protect the rights and interests of consumers in the network environment.