Details Recently, Zhu, deputy to the National People's Congress and director of Guangdong Law Firm, rushed to Weibo for hot search on the proposal of reducing the handling fee by micro-letter payment, which caused heated discussion among netizens.
Wechat payment occupies nearly 40% market share in the field of third-party mobile payment, and occupies a dominant position in the market. Then charging merchants in most industries six thousandths of the handling fee and users one thousandth of the withdrawal handling fee violates the principles of honesty and fairness, and does not conform to the market operation rules of fair competition, which damages the legitimate interests of the majority of WeChat payment business operators and users. He suggested that significantly reducing the payment fee of WeChat and allowing users to further enjoy the fruitful results of the development of electronic payment will help stimulate the vitality of market players, optimize the market environment of electronic payment and promote the vigorous development of electronic payment.
Many netizens expressed their support that it is unreasonable for Alipay to pay the handling fee for its credit card! Some netizens have made different voices, and some netizens think that as long as the withdrawal fee is reduced, businesses are commercial activities and should be charged.
In this regard, lawyer Lu Jian, director of Shanghai Law Firm, said that the proposal put forward by representative Zhu should be supported by consumers. As a third-party mobile payment method, WeChat really brings great convenience to consumers. Legally speaking, a consumer registering and binding a bank account on WeChat is equivalent to establishing a technical service contract relationship with the WeChat operator. As a provider of technology and services, it is legitimate for operators to charge a certain service fee in the name of handling fees, and consumers will not object. At the same time, since it is a service contract, consumers, as a party to the contract, also have the right to demand fair and reasonable charging standards according to law.
Lu Jian believes that WeChat operators can consider appropriately reducing the handling fee for three reasons:
First, although the service relationship has been established through offer and commitment, there is no negotiation process after all, and it is a format contract unilaterally provided by the WeChat operator. This means that if consumers want to pay by WeChat, they must unconditionally accept all the requirements of the other party, including the handling fee standard. Under such circumstances, WeChat operators should be honest and trustworthy and reasonably determine the charging standards.
Second, if the survey shows that WeChat mobile payment has a large market share and has formed a dominant market position, then according to Article 17 of the Anti-monopoly Law of the People's Republic of China, operators with dominant market position are prohibited from selling goods at unfairly high prices. The goods here naturally include third-party fast payment technologies and services;
Third, now is the era of big data. Consumers' use of WeChat payment is essentially the same as revealing their consumption privacy, capital transactions and other information to WeChat operators. This information also implies high value, and operators should respect and sincerely evaluate this information.
In addition, the above situation exists not only in WeChat mobile payment, but also in other mobile payment and financial fields. In order to promote the sound development of fast payment technology and safeguard transaction fairness and consumers' rights and interests, it is suggested to further strengthen industry self-discipline and give full play to the role of relevant laws and regulations such as the Anti-Monopoly Law.