Research On Legal Issues Related To The Third-Party Payment Platform Deposit

In recent years,with the rapid development of e-commerce, the regulatory system continues to gradually refined, along with the Third-party Payment platform’s status and potential get more and more important in China’s economic development. But there are still some problems in the supervision system of the Third-party Payment platform, especially for the deposit regulation of the Third-party Payment platform.There are some relevant lestigation about the deposit in China at present, mainly including Management for the non-financial institutions to the pay service,implementation details of the non-financial institutions to the pay service,Interim Management for the payment institutions’ customer provision custody. Although there have been published relevant laws and regulations which have resolved parts of the deposit problem to a certain extent,there are still some deviations and vulnerabilities which involve some problems about the scope、utilize、 security、legal responsibility and the supervise of deposit and its interests, need to be further improved.In this article, the author will use all kinds of research methods, including the literature, the combination analysis of empirical and theoretical, the combination and comparative analysis, to research the Third-party Payment platform and its deposit of China. The author will take the current deposit legislationas as the research background, around the core problems and draw on the advanced supervision experience about deposit in America and European countries,and to introduce some constructive suggestions for improving the supervision of our country’s Third-party Payment platform deposit. This article will be analysed from four chapters:Chapter one,the summary of the Third-party Payment platform deposit. Through the introduction of the research background, concept, source, character and the lestigation of deposit, to clarify the relationship between each subject, combine with the relevant data and cases, and put forward the existing problems of the Third-party Payment platform deposit.Chapter two,the development situation and existing problems of deposit. This article will be discussed around six core issues, including the attribution, utilize, classification and distribution,security and relevant legal responsibility of deposit and its interests. To point out that the main cause of these problems lies in the relevant legislation is not perfect, contradictory with the society needs of the e-ommerce.Chapter three,foreign legislation practice about deposit. Through the comparative study about the advanced deposit management experience in America, European Union,England and Japan, analysis the tendency of management experience and legislation abroad, in order to improve the relevant legislation about the Third-party Payment platform deposi in China.Chapter four,reasonable proposal to deposit. Through the analysis of above, point out the legal problems of our country in the Third-party Payment platform deposi legislation. To point out its shortage and put forward the corresponding improvement suggestions.Mainly including:to improve the range of deposit in legislation,which is the foundation to research deposit problems, allow the Third-party Payment platform to use deposit in a certain range,clear regulation subjects and its terms of reference, set up perfect supervision system, to resolve security problems of deposit in a reasonable way and to improve related legal responsibility system of it.