Study On The Legal Issues Of The Third-party Payment Precipitation Funds′ Supervision

The third-party payment institutions to use Internet technology, established a network trading platform for buyers and sellers, so that both sides need not meet can be traded, different way of face-to-face transactions, buyers and sellers can not complete the exchange of goods and money at the same time, and the buyer received the goods first, then the seller will receive the money. In the process, the third party payment institutions in order to ensure the smooth the transaction can succeed, played the role of the middleman, temporarily keeping the money paid by the buyer to the seller, so the payment institution has accumulated a lot of precipitation funds, due to less regulation, resulting in a series of problems, such as being misappropriation and so on, t these problems are not related to the vital interests of the third party payment users, but also security of the third-party payment system, the government’s regulation of third-party payment precipitation funds faces great challenge.Third-party payment of precipitation funds mainly by relying on the third party payment mechanism, relying on the third party payment institutions and prepaid card issuers generate, which relying on the third party payment mechanism of precipitation funds scale. In our country has already issued on the laws and regulations of the supervision and control of funds precipitation are mainly Payment Mechanism Prepaid-card Management Approach, Non-bank Payment Network Payment Services Management Approach and The Paying Customers Reserve Custody Measures, which laid the groundwork for settling financial regulatory laws and regulations. The payment mechanism is a kind of new things, our regulators lack of practical experience, and formed a mature legal system needs a long time, at present our country still exist some problems in the regulation of precipitation funds, such as the Centre Bank of China precipitation funds regulatory scope is not comprehensive enough, in addition to the provision for customers, pay income margin and user deposit and legacy in the payment mechanism of idle funds precipitation should also be included in the scope of capital regulation; the Centre Bank of China as the principal part of regulatory supervision does not reach the designated position, the regulation system need to be more perfect, Payment institutions income margin and the user left in the deposit and Payment institutions idle funds should also be included in the scope of supervision of the Centre Bank of deposit funds; Chinese as the supervision subject, supervision is not in place, the need to further improve the system of supervision; risk reserve system is lack of specific measures for the provision, must as soon as possible; and the precipitation funds of ownership interest is unknown, pay the agency not suspected of unjust enrichment., unjust enrichment and other issues. These problems are not solved, it is difficult to play an effective regulatory role. Therefore, how to effectively solve these problems in practice is the focus of our study.In this paper, by using compared analysis method, and empirical research method and antibody deduction, to analysis Chinese third-party paid precipitation funds regulatory status in the exists of insufficient, through reference United States, and Britain, and European Union developed of regulatory experience, from improve Government on third-party paid precipitation funds of external regulatory, and strengthening the third-party payment mechanism industry self-discipline supervision, promoted Chinese third-party paid industry of stable development and technology innovation.