A Study Of Legal Issues On The Supervision Of Sedimentary Money Of The Internet Third-party Payment

Since the middle of the twentieth Century,the Internet has been affecting all aspects of social life at an amazing speed.The more prominent is the electronic commerce based on the Internet.Electronic commerce is the so-called business activities of the participants as the main terminal of electronic products by relying on the Internet,a new mode of business activity in the law within the scope of the Licensing Act.The electronic commerce is rising so quickly is because its convenient mode brings value that consumers through the network to buy goods on the Internet and make payments through the network,time to save each other,improve the convenience of the transaction.Precisely because of these advantages,online shopping as a new consumer habits,and gradually accepted by people.But in fact,the seller and the buyer of electronic commerce are often not directly contact with each other,only through the network,the lack of direct trust between the two sides hindered the development of e-commerce.Third party payment is to resolve the crisis of trust,and it is a new payment method,which is used to contact the seller and the buyer.It makes up for the shortcomings of traditional payment of cash transactions or bank transfer,providing rapid transfer of funds,This function meet the needs of modern consumers for small non modern trading needs,accord with the modern concept of transaction.In recent years,the third party payment industry continues to expand the scale,increase the amount of money deposited.Sedimentary Money is a very important link in the operation process of the third party payment.Third party payment of the deposit of the safety of the funds,liquidity and how to use this part of the funds,these factors affect the development of the third party payment,and even the development of social economy.How to manage the third party payment precipitation funds,is the core of the third party payment management.However,due to the popularity of the Internet in China is late,the electronic commerce and the third party payment is not a long time to produce industry technology and management needs to be improved,so have a lot of problems in the operation process of precipitation funds.With the rapid growth of e-commerce transactions,the amount of money deposited in the bank accounts of the third party payment due to the difference between the seller and the buyer's payment and receipt time is also more and more large.Many Internet third party payment company's precipitation funds far more than the company's registered capital,At the same time,the Internet third party payment regulation is not very in place,so there is a large amount of deposit funds security risks.Precipitation funds can not be comprehensive,effective control,may bring a negative effect on economic transactions.In the long run,is not conducive to the steady development of the Internet third party payment.Firstly,I think we should discuss the definition of the legal attribute of precipitation funds,Secondly how to supervise the overall precipitation funds to prevent the misuse of funds.At the same time supervision has a huge amount of funds to pay the third party payment organizations.Currently scholars have different opinions on the precipitation funds themselves.The main problems discussed include identification,the legal nature of precipitation funds sedimentation funds and fruits belong to prevent precipitation funds induced by risk and responsibility,precipitation funds allocation problem,and the fruits of legal supervision,These are related to the long-term development of the Internet third party payment,Therefore,how to correctly treat the third party to pay the deposit and to deal with the problem of proper treatment,imminent.The author of this paper is based on the idea of China's third party payment precipitation funds problems starting from the European Union and the United States the theoretical and practical experience,the third party payment precipitation funds problems put forward the corresponding solutions and suggestion of supervision.In addition to the introduction and conclusion,this paper consists of the following five parts:The first part of the third party Internet payment of deposit funds are summarized,first,explains the concept of Internet third party payment precipitation funds,this article analyzes the reason of precipitation funds,and introduces the present situation of the third party payment has huge amounts of funds;secondly,define what kind of precipitation funds Legal Nature,the legal nature of precipitation funds listed bank,said the debt said,electronic currency,prepaid value,this paper argues that the precipitation of funds belonging to the prepaid value.The second part introduces the two genealogies of law countries including the United States,Europe,Japan,Germany,and the Asian countries on the third party Internet payment precipitationfunds legislation,clear legislation and legal practice in the essence of precipitation funds management;secondly,the foreign legislative practice to pay capital precipitation of perfect legal system of enlightenment I am third.Revelation includes two aspects,one is to improve the laws and regulations of precipitation funds and regulatory system,the two is to encourage the innovation of the deposit management system.The third part introduces the two genealogies of law countries including the United States,Europe,Japan,Germany,and the Asian countries on the third party Internet payment precipitationfunds legislation,clear legislation and legal practice in the essence of precipitation funds management;secondly,the foreign legislative practice to pay capital precipitation of perfect legal system of enlightenment I am third.Revelation includes two aspects,one is to improve the laws and regulations of precipitation funds and regulatory system,the two is to encourage the innovation of the deposit management system.The third part focuses on the legal provisions and the existing problems of the third party payment precipitation funds in China.First of all,China's regulation of Internet of the third party payment legal department is a series of regulations promulgated by the central bank,the third party Internet payment and deposit funds made the basis of provisions;secondly,the author puts forward several problems in the current legal provisions:first,precipitation fund supervision system is not perfect;second,the risk reserve of precipitation third,the proportion of the fund;fourth,deposit and deposit funds,ownership problem yields precipitation funds and utilization is not clear.The fourth part focuses on solving the legal conception of the third party payment and settlement funds supervision.Mainly includes the following aspects:first,the author proposes to improve the legal status of the Internet payment,improve the relevant basic legal supporting measures to fully protect the safety and liquidity of precipitation funds.Secondly,the author proposes to improve the regulatory system for the third payment of precipitation funds.For the Internet era of emerging industries should also update the regulatory system.Again,the paper mainly discusses the risk reserve ratio,the proportion of the third party payment paid in capital and customers precipitation funds how to solve the third party Internet payment precipitationfunds how to maximize the effectiveness of making a contribution to economic development,revitalize precipitation funds,diversified allocation of precipitation funds.Finally,clear precipitation funds accrued attributable to the customers as well as to resolve the third party payment precipitation funds allocated in this paper set up the fruits of the deadlock of customers precipitation funds security fund and conditional interest return system.In addition,the author writing papers using historical research methods,comparative research methods and so on new customers precipitation funds guarantee fund system and conditional interest return system to resolve the third party payment precipitation funds yield allocation problem.In addition,this article in the introduction of foreign legal theory is slightly weak,in the future will pay more attention to the study of extra territorial law,to improve the system to lay a solid foundation.