Research On The Civil Law Issues Related To The Third-party Payment Precipitation Funds

In recent years,with the rapid development of China's E-commerce,third-party payments also rise with the rise of its transaction size and quantity of rapid growth year by year,the domestic third-party payment such as Alipay,Tenpay,etc.Referring to the mode of e-commerce,because the consumers and the businesses can not removed the commodity just like "single-handedly,single-handed delivery",based on the consideration of financial security,during the transactions settlement between the consumers and businesses,the consumer transferred the money which finally would be paid to the business,firstly paid to the third-party payment,by whom on behalf of custody,until the consumer confirmed he or she had receipted of the goods,and then the third-party payment paid the payment to the business.Based on the difference between the payment and receipt of the goods,this part of the temporary payment on the third-party payment is not in the market circulation of funds,that is the precipitation funds.As a result of the huge amount of transactions in practice,resulting in third-party payment precipitation funds and their huge interest attribution and other issues gradually attracted the people's attention,has been widespread concerned in these days.At present,China's legislation on the precipitation of legislation is mainly issued by the People's Bank of China.Although the published laws and regulations to a certain extent cleared the normative operation of the precipitation funds,but the nature of the precipitation funds is not yet clear,the deposit of huge sums of interest and how reasonable allocation is still not clear,whether the precipitation funds should be reasonable used under certain conditions and other issues still need to continually to be cleared and improved.The author intends to use the method of literature research,comparative analysis and empirical analysis to analyze the existing legislation of precipitation funds in China,and draw lessons from the relevant regulations of the United States and the European Union on the precipitation of grain,and make some comments on the relevant legislation.This article focuses on the following four chapters:The first chapter summarizes the precipitation funds of the third-party payment.The second section analyzes the existing legislation in China according to the chronological order,and summarizes the key points and ideas of each regulation.The second chapter analyzes the legal relationship between the buyer,the seller and the third-party payment.The author thinks that between the buyer and the third-party payment,the contract relationships including the format contract relationship,the principal-agent relationship,the custody relationship,the credit guarantee relationship;the relationship between the seller and the third-party payment institutions exist conditional contract relationship,format contract relationship,credit guarantee relationship and principal-agent relationship.The third section attempts to determine the nature of the third-party payment through the analysis of legal relationships.The author thinks that it is necessary to distinguish the precipitation funds,that is,in the case of funds in the way,the nature of the electronic currency as the subject of custody,In the case of funds to be saved,it is a custody of electronic money.The third chapter analyzes the attribution and the use of the precipitation funds of the third-party payment in our country,and gives the suggestions in combination with the above analysis.Specifically,the legislation allows third-party payment under certain conditions,use the precipitation funds rationally in low-risk investments;third-party payment can not violate the relevant provisions of the law under the premise of the user in the relevant agreements in advance consultations,Whether the precipitation funds can be used,and income attribution and other issues.The fourth chapter analyzes the interest attribution and reasonable distribution of the domestic precipitation fund,and gives the relevant suggestions according to the domestic supervision trend.Specifically,the first,learn from China's securities market-related interest income approach,the new fund or included in the protection of consumer rights and other related funds,and clearly defined the use of the Fund in order to effectively protect the legitimate rights and interests of consumers.Removed the allocation of operating costs,the interest of the precipitation funds shall be calculated and return to the consumers.The second method,the interest of the precipitation funds is calculated,specifically,there are two kinds of accumulation method,one is to accumulate the accumulation of funds to a certain amount,and the amount of payment is more reasonable to remove the assigned operating costs returned to the consumer;the other is accumulated enough time,such as one year or three years as a term,remove the assigned operating costs and return it to the consumer.The advantage of this approach is that this method has reduced the operating costs for third parties because of the accumulated amount to a certain amount or period after the distribution itself has reduced the number of allocations and reduced the operating costs;The corresponding operating costs,but also to protect the rights and interests of third parties;Finally,the cumulative distribution of precipitation funds issued,the ownership of the right to the consumer,in line with the relevant civil law theory.