The Research On The Precipitation Funds Of Third-party Payment Legal Issues

People become more dependent on Internet transactions due to the popularity of smart phones, for example, the trading volume of Internet transactions reached 1,207 billion RMB on November 11, 2016. According to the data, Internet transactions have been integrated into people's daily life. Compared with the traditional trading model,Internet transactions are not real face-to-face transactions, nor the transactions in the same area,so it takes high risks for Internet transactions, and there's a need to Involve the third-party to guarantee the quality of transactions and the success of the completion. Given that need the third-party payment platform comes into being. As a new thing playing a decisive role in Internet transactions, even though the operation scale and mode of operation of the Third-party payment platform have gradually been improving, still the Third-party payment platform has a lot of problems to be resolved,for example, the legal qualitative questions and the ownership problems of the precipitation funds of the Third-party pays; the ownership and the distribution of the interests it generates; how to effectively supervise the precipitation funds of the Third-party pays, etc. This is the reason why the author studies the precipitation funds of the Third-party payment, for the issues of the Third-party payment of precipitation funds is still in the exploration, the laws of these issues are ambiguous or not even involved. This will hinder the development of China's Third-party payment platform and affect the healthy and rapid development of China's e-commerce.Based on its relevant legislation, this paper focuses on the related issues of the precipitation funds of the Third-Party payment. The author mainly studies the paper on the method of empirical research and the literature research.The author divides this paper into three parts:The first part is an overview of the precipitation funds of the Third-party payment. This part mainly studies the basic issues, such as the legal nature of the Third-party payment platform, and clarifying the legal relationship between the transaction subjects involved in the Third-party payment process; the reason, nature and the concept of the precipitation funds of the Third-party payment, etc.The second part is China's current legislative situation and existing issues of precipitation managements of the Third-party payment. This part is the content of the whole paper, which is based on the current legislative situation and the background of current facts of precipitation managements of the Third-party payment, and it focuses on the analysis of the ownership and the distribution of precipitation managements of the Third-party payment; whether the Third-party payment platform can reasonably utilize the precipitation fund within a certain range so as to avoid the waste of social resources; how to effectively supervise the payment of precipitation funds of the Third-party,etc.The third part are the legal advice about how to solve the problems of precipitation management in the Third-party payment. This part mainly puts forward some specific legal suggestions about the current existing problems of the precipitation fund management in the Third-party payment, for example, clarifying the ownership of the precipitation fund belongs to the users; the Interests of the precipitation fund belongs to the users but it needs to formulate the reasonable allocation measures; perfecting the Regulatory system, etc.