The Study On The Legal Problems Concerning Precipitation Funds In The Third-Party Payment Business

The third-party payment industry is a new form of payment rising in recent years. It makes up for the deficiency of the traditional mode of payment and meets the needs of the consumers. It is also adapted to the modern emphasis on efficient and safe trading environment. The expansion of third-party payment industry not only reflected the rapid growth in the number of users, but also in the expanding scope of business. But because the third-party payment industry started late, many problems arise, including technical conditions and industry management, especially in terms of precipitation funds. Unlike stock trading, precipitation funds generated due to the time difference. Due to the sharp increase in trading volume, the precipitation funds stranded at third-party payment agencies is increasingly huge.China still has no comprehensive monitoring mechanism for third-party payment platform. There are a lot of precipitation funds security risks, and many third-party payment companies’precipitation funds are far greater than its registered capital. How to regulate the precipitation funds and third-party payment platform which has a huge precipitation funds is that we need to think about. If the precipitation funds are not effectively managed, it could lead to solvency and financial risks. Lack of attention to the precipitation funds, is not conducive to long-term development of the third party payment industry, will have a negative impact on society.All kinds of controversy about the precipitation funds need to be further explored, including the identification of the legal nature, the ownership of precipitation funds and interest, the possibility of tax on precipitation funds and interest. It is also an urgent need to improve the legal regulation. This is crucial for the development of third-party payment industry and the interests of users and financial security will benefit. So how to properly treat precipitation funds and properly handle the issue has become an urgent issue. In this paper, our third-party payment services in the precipitation funding problems as a starting point, learn from the European Union and the United States of mature development experience, and presents the appropriate legal solutions and regulatory advice to the precipitation funds problems.