Research On The Law Issues Of The Client’s Reserves Of The Third-Party Payment

Basing on information technology and financial technology, with unique characteristics, the third-party payment institutions subverted the traditional trade mode, and created a new model of online trading, added momentum to the Internet-financial industry. But, because of the objective existence of time difference, money in and out in the process of third-party payment will make money stranded in the bank accounts of third-party payment platform. To qualitative this part of money and its interest ownership caused many disputes. And, as for the capital liquidity, the current regulatory model on client’s reserves is not the best form. To solve the above problems and revitalize the clients cover appropriately is conducive to protect the legal rights and interests of customers, promote the development of the third-party payment mechanism, and do far-reaching influence on China’s financial stability. On the basis of the comprehensive evaluation of various theories, from the perspective of safekeeping contract, through the analysis of Alipay, this paper defines the third-party payment of the existence of institutional clients cover legal attribute, namely:Generally keep the subject matter of the contract. Then, analyzing the existence of customers cover and its fruits attribution and regulatory issues and puting forward some suggestions. Finally, from the viewpoints of security and efficiency, in order to solve the problem of liquidity of client’s reserves, improve the efficiency of the use of funds, and guarantee the safety of the funds, this paper divides clients cover into "idle money" and "trust funds" and discusses separately. through the analysis of Alipay, this paper discusses the legal problems about third-party payment using client’s reserves, and put forward corresponding improving measures.