The Research On The Legislation Issues Of The Third-Party Paid Precipitation Funds

In recent years, with the deep-going of financial market reform as well as the rapid development of e-commerce, people's consumption concept and payment method have been dramatically changed. A much safer and faster mode of payment—the third-party payment gradually entered the public's awareness, which has been favored broadly by the consumers. Moreover, as its big advantage of convenience strengthens itself, it makes the third-party payment have a stronger competitiveness among the fierce competition in thee-commerce market within a short time, the third-party payment has become one of the top choices of payment methods among the young consumers. However, comparing with the speedy development of third-party payment market, the law brings a series of disputed problems, which has aroused consumers' widespread attention.Following the thinking pattern of “WHAT”, “WHY”, “HOW”, through the method of comparative analysis between China and three western countries—the United States, the European Union, Singapore, aiming at Chinese current legal status, around the core issue of precipitation funds this paper is intended to point out the deficiencies of the legislation refers to the third-party payment area in China. Meanwhile, the author also put forward the reasonable schemes for better problem-solving on the basis of this. According to the author thought, this paper mainly divides into four parts:The first part is a general analysis of the third-party payment and precipitation funds from three facets, the connotation, the characteristics and the operation mode of third-party payment. Secondly It can find out the origin and status of third-party payment operation funds and put forward the current problems of third-party payment precipitation funds in our country though the pattern what can be divided into the mode of payment channel and platform account.The second part is the comparative study of abroad legislative and practical experience of third-party payment precipitation funds. It references respectively the practice of the United States, the European Union, Singapore to analyze their existing legislation, define the nature of the third-party payment precipitation funds and its supervision system in order to get three revelations: first, strictly limit market access conditions; second, follow the regulation principle of consumer protection is preferred; third, establish diversified regulation system.The third part expounds the current legislation and its shortage of third-party payment around the ownership, use, interest allocation and supervision system etc of precipitation funds in our country to make an analysis of three current laws and regulations. It is concluded three main problems that the third-party payment precipitation funds interests ownership and its distribution system is unclear and supervision system is not perfect.According to the existing problem of third-party payment precipitation funds, aiming at the shortcomings of the existing law, the fourth part is trying to put forward the suggestion of perfecting its legislation issue from three aspects of clearing the ownership of third-party payment precipitation founds interests and the distribution system, and improving the regulation of third-party payment precipitation funds.In conclusion, in order to regulate the industry, guarantee the benign development of the third-party payment, optimizing the legislation of third party payment precipitation funds is a necessary issue needs to be solved. Only leading the management of third-party payment precipitation funds into the path of the law, can it reduce the risk of consumers' payment safety, and better protect consumers' rights and interests.