Research On Legal Surveillance Of Internet Third-party Platform Finance Management

Internet finance as the emerging financial suddenly appear on horizon which supply traditional finance's deficiency with a better way.In addition,the Yu'ebao as the representative the third-party platform financial management was the start of Internet finance.It changed human's cognition about financial management and finance..With the explosive development,it also brings some monitoring challenge.Recently,monitoring department issued gradually the relative monitoring measures targeted Internet finance.But it does not follow up with the Internet finance development speed thus it is meaningful for researching the legal monitoring emerging financial model.On the internet third-party platform financial management,due to the existing of third-party,the financial management model's legal relationship is complex rather than the simple trust legal relationship of the traditional fund sale.Through analyzing the inside relationship among Alipay Co.Ltd.(Third-party Payment Platform),Yu'ebao(Financial Management product)and Tianhong Asset Management(Fund Company)as well as their relationship with investors outside legal relationship,this paper analyzed their legal ties,laying the successive research basement.Then,it deliberately surveys the monitoring state quo guided by Bank of China and monitoring subjects as well as combining the real situations to point out the deficiency of current law and regulations,unknown monitoring subjects,unclear legal responsibilities and mechanism deficiency and other monitoring question.Next,it also introduces the monitoring experience of European and American developed countries in this field as well as stressed to introduce American-version Yu'ebao Paypal Currency Market Fund,including its features,government monitoring measures and fault reason.European Union did not have the similar production but they possess the prefect monitoring measures.On the basement of researching and analyzing American and European monitoring experience,it extracts the valuable essence for Chinese monitoring department.After analyzing as the above mentioned,it proposed teh feasible suggestions: ensuring investors' profit first,proper monitoring,keeping balance between separatedsupervision and mixed monitoring,clearly ensure various department monitoring system guided by China Securities Regulatory Commission,organizing the discussion and negotiating institution and exerting commission self-discipline management function plan as well as then prompted some feasible suggestions for specific systems design,including access system,risk margin system and compensation in advance system.