A Study In The Civil Relations Of The Deposit Funds And Its Interests In Third Party Payment Platform

Relying on scientific and technological progress and also the upgrading and updating portable devices, e-commerce has embraced its climax. For thisTraditional payment modes do can not guarantee the capital security in e-commerce. Thus, third party payment platform have emerged. In recent years,the intrinsic characteristics make third party payment platform get a extensive range of acceptance from marketplace,such as its convenience and quickness.Nevertheless,under the prosperous layout,third party payment platform reveals its defect all the more. Building on the premise of full function on third party payment platform. how to supervise the third party payment platform have become an issue required to be researched.Take numerous factors of third party payment platform into consideration,the ownership and usufruct of deposit funds and its interest throw itself into the breach.Albeit the enacting of legislation like《Administrative Measures for the Payment Services Provided by Non-financial Institutions》and《Measures for the Custody of Clients’ Reserves of Payment Institutions》in our country,confront intricate practice status,the existing legislation still have plenty of emptiness,which make the ownership and usufruct of deposit funds and its interest a pending issue. From this, it is a negative factor for progress and risk management to third party payment platform.At the practice level against such background, at present, almost every third party payment platform adopt the policy, related to deposit funds and its interest, which lack of endorsement on legislation and jurisprudence. In particular with the interest, third party payment platform exclude the usufruct of subject meanwhile advocate it of third party payment platform itself on terms of agreement in most cases. It is worth discussion whether this approach have already render its usage legal.Therefore,based on an adequately study on overseas successful experience,and of the actual conditions in China to solve the civil legal relationship task referring to deposit funds and its interest third party payment platform do have its necessity.The thesis is divided into six parts:The first part“Introduction” outlines the background and aim of this paper and summarizes the related theories and researches. Besides, seed the discussion of deposit funds and its interest with chapters below.The second part “The overview of deposit funds in third party payment platform” summaries the principle and properties of deposit funds emerged in third party payment platform,and dissect the referring civil legal relation. One of the most important sector is to set civil legal relations in third party payment platform and its users as the topic and mainly probes into this.The third part “The problem of deposit funds and its usufruct” combines with the constructed civil legal relation, via the comparison of the legislative experiences of other countries and jurisprudence to describes the escheatage and usufruct of deposit funds.The fourth part “The problem of deposit funds interest and its usufruct” carries on previous chapter to probes into the escheatage and usufruct of deposit funds’ interest from jurisprudence. Negative the premise on existing practice of third party payment platform in our country, and make a further exploratory research with Pay Pal as a sampleThe fifth part “The management advice to deposit funds and its interest” uses overseas experience and domestic practice for the base, giving advice and making suggestions on solving the related tasks of deposit funds and its interest.The last part “Epilogue” sums up this article and proposes the forecast to writer.