Study On Legal Issues Of Executive Program About The Third-party Payment

With the popularity of the internet and network information technology,e-commerce is increasingly into aspect of our daily lives.It breaks the traditional patters,from the last line transactions is now online transactions,and internet finance has emerged as the times require.The third-party payment(the third-party payment)is produced in this of kind environment,it is a new product of the internet and financial cooperation.With the possession of the third-party payment share in the payment market expanding,so that people in the third-party payment aggregation platform account funds more spectacular trend,if can not freeze the accounts of the third-party payment system execution and legalization technology,it may lead to the interests of creditors,etc are not guaranteed.Therefore,during the execution of civil property,it have more than one execution options.But the third-party payment account as a virtual account,first of all,the nature of the account itself is different from our traditional bank deposit accounts;secondly,the third-party payment funds in the account and the nature of the ownership of the funds are also different from traditional bank accounts;execution mode can not be carried out in accordance with traditional way and so on.Because of its specificity,in the administration of justice in our country can not simple referring to the ordinary judicial execution,this in effect,for the judicial organ judicial enforcement increases the difficulty of implementation,at the same time,due to our country current law only for the third-party payment its study focused on the aspects of substantive law,procedural law research have few,which also caused at the time of the third-party payment account for judicial execution,lack of theoretical foundation of support.The third-party payment account as an absorption funds new platform,the means of implementation,only applicable to freeze a way.Therefore,it is important to study the problem of freezing of the third-party payment account and clear it.This article is divided into four parts,the purpose is to build a scientific, legitimate and feasible execution,therefore,mainly based on the implementation of the program of the entire development process as the main line,based on the analysis of the particularity,raise major problems.Then follow the basic principle and principle of the procedure law,to assist in the implementation of the third-party payment execution subject,the subject of the implementation,executive measures,start on the implementation of several aspects to study.The main contents of each part as follows:The first part is the particularity of the third-party payment account freeze the execution of the program and the existing problems.This chanter is mainly to analyze the implementation of the third-party payment special existence in assisting the implementation of the main aspects of payment account,the implementation of the subject,executive measures and the execution objection,raise the third-party payment account major problems in the executive procedures.The second part is assist the implementation of the third-party payment account as well as the implementation of the main program execution obligations of the legal relationship of the body.In this chapter the main qualification for assisting in the implementation of a clear and determined the relationship between the obligation to assist law enforcement account holders,executing each subject to enforcement and other authorities and shall perform the third-party payment.The third part is the third-party account procedures for the implementation of the object of execution.This chapter is mainly through the third-party payment funds in the account are classified,on the basis of the classification analysis for each funding source,ownership,etc,clearly if it meets the legal implementation of the underlying constituent elements to determine the third-party payment account executable program execution subject.The fourth part is the third party payment account executive program execution measures and execution objection.This chapter take in clear on the third-party payment account executive freezing measures,it is recommended to check the balance of control mechanisms can be established between the People’s Court and the third-party payment service providers to facilitate take network query,network freeze measures, besides it may also proposed the first-party payment funds in the account were allocated to take measures such as extraction and detention of fruits.In the executive of objection, mainly points the different funds in the accounts to pay for the third-party payment,to be clear on the executive objection of the main objections to the application.