The Ownership Issues On The Third-party Paid Precipitation Funding And Its Interest

While facilitating people's lives with the development of the third-party payment,there have been some problems.And there is a problem have been away from the vision of the parties,but made the third-parties agencies like Alipay feel helpless,that is the problems of precipitation of funds.With the popularity of the third-party payment,people have become accustomed to the use of third-party payments to various fields,whether it is shopping;pay the fees or even take a taxi;it is possible for them to complete all the payment in life just rely on a cell phone.But few people think: whether the funds stored in the third-party account will cause any problems? In fact,with the rapid development of third-party payment,the issues related to the precipitation funds and its interest is becoming more and more prominent,which threatening the safety of the customer's funds.It is worth noting that our existing laws and regulations avoid many important aspects in the problems of the precipitation funds and its interest.The problem of precipitation is not just about the financial supervision,but more involved in law,especially in property law.Therefore,in order to solve this problem,we should start from the legal aspects.This article is divided into four parts:The first part introduces the generation and classification of precipitation funds.Point out the process by the TaoBao shopping firstly.Then divide the precipitation funds into three categories in accordance with the different types of third-party agencies: the precipitation funds from the network third-party,the precipitation funds from the bank card acquiring business especially the POS acquiring business;as well as the precipitation funds from the mobile payment.Finally make a comparison of the three types,and it is pointed out that although there is a little difference within them,however,they are the same in the ownership of the precipitation funds and its interest.The second part mainly discusses the nature and the ownership of the precipitation funds.First of all,define the precipitation funds,that the precipitation funds are the subject matter within the customer and the third-party agency.Then the author draw the conclusion on the ownership of precipitation fund that it belongs to customers.Then,distinguish the customers into buyer and seller according the different trading conditions.It holds that in the event of a successful transaction,the buyer has the ownership of the precipitation funds prior to the confirm receipt,while the seller get it after the confirm receipt.However,in the event of failure of the transaction,the ownership of the precipitation funds are always belongs to the buyer.The third party mainly discusses the ownership of the interest of precipitation funds.First this paper discusses the problem of its ownership.Then it holds that the problems of the ownership should be dealt in accordance with the fructus civiles.Finally,the conclusion of the ownership of the interest of precipitation funds comes: the ownership of the interest is accompanied by the ownership of the precipitation funds,and they all belong to the customers.The fourth part is to discuss the legal protection of the interest of the precipitation funds.First,the ownership of the interest is not clear,not just because of the unclear law,but also for the difficult practice.Then it analyzes the existing methods to protect the interest,which is the operation of Yu'E Bao,and the operation of the protection fund of securities investors.Finally,the author makes some suggestions: do something from the law and the body of the market,coupled with the consumer's association,and then promote the protection of the precipitation funds,in order to better safeguard the interests of the customer groups.