Study On The Legal Issues Of The Supervision Of The Third Party Payment Precipitation Funds

Third-party payment business started late and developed rapidly, controlled by industry itself and the legislation hysteresis, third-party payment of legal and regulatory issues has been paid more and more attention, especially the precipitation funds regulatory issues most prominent, should be regard seriously by legislators and researchers.The author begins with the basic theory of the third party to pay the precipitation fund..After determining the property of the third party payment, the legal attribute of the precipitation fund is analyzed.According to the current relevant provisions the author summarized the issues including the legislative norms, regulatory mechanisms and regulatory measures. The legislative position of the current law is low.The content of the provisions is not comprehensive.Regulatory model is lack of linkage.The supervision mode is too single and lack of internal controls. The supervision of bank depositing precipitation funds is also lack of effectiveness.After the investigation of the system of European and American countries, we get a lot of inspiration, and put forward the corresponding suggestions for the problems in our country.We should set up the correct supervision concept and principle. We must improve the related regulations of legislation and perfect the legal system of supervision. In order to establish a reasonable supervision mechanism, we should establish a multi sectoral joint supervision mode and explore the diversity of the ways of supervision and control of funds precipitation. In order to improve the supporting regulatory measures, we should improve the industry self-discipline mechanism and optimize the information disclosure system of bank deposit.