Case Analysis Of The Judicatory Enforcement Of Alipay Account In China

In recent years, electronic commerce gradually prevailed. The third-party payment services have increased, the development momentum is swift and violent. Third party payment speeds up the currency, improves the service efficiency of funds, save the circulation cost, urge the realization of the commodities trading, promote the development of commodity economy. But, our country on the regulation of third-party payment platform, is yet to be perfect. Most of the existing legal documents regulate it only from the real and framework. Academic research has mainly focused on the third-party payment’s nature, Precipitation funds, with its ownership and regulatory aspects of fruits, rarely discussed in the judicial practice. This article attempts to execute the Alipay account in judicial case as the breakthrough point, to deeply discuss the legal problems exist at present in the execution of China’s third-party payment, and to offer advice on perfecting the enforcement system of third-party payment account.Except the preface and epilogue, the article includes three parts:The first part:Sorted out the basic situation of case of judicial executing AliPay account. Review the facts of the case and its implementation process, then lay out the dispute focus of this case.The second part:The case of disputes are analyzed and discussed. First of all, through comparison and analysis, put forward that the AliPay account and bank account have a different nature, and to clarify the nature and characteristics of AliPay account and its account "balance". Secondly, take the analysis of the target as a theoretical foil, explains the AliPay account executive is feasible or not under the present legal environment in our country, and combined with the case to determine this case execution in the existing legal environment also has a legal basis. What’s more, as to the particularity of the network evidence and Alipay company’s strong position, the author discusses Alipay company’s assist executive obligations in Alipay accounts enforcement. Finally, the author takes the action that taobao company reduces Mr. Wang’s shops credit rating as the breakthrough point, expounds that taobao shop credit rating has the legal nature of property attribute, which belongs to the category of property, to prove that taobao company’s behavior infringes the legitimate rights and interests of Mr. Wang.The third part:From three aspects of Third-party payment in the regulatory, the customer excess reserves and its yield, and third-party payment account compulsory execution, this artical in the last, proposes the improvement. Hoping to provide reference for the smooth implementation of third-party payment account in future.