Study On The Ownership Of Third Party Payment Precipitation Funds

Third-party payment agencies in the status of non-financial institutions to carry out the real financial business of financing,relying on the progress of Internet technology and business model innovation,"Daily fight Gold" payment transactions derived from the difficult value of precipitation funds.In China,the regulatory documents on the precipitation of funds to protect the main,clear precipitation funds are not third-party payment agencies of their own property.However,this provision is challenged by property law,and the creation of real right in departmental regulations is also a challenge to the legal principle of real right.The ownership and use right of precipitated funds should establish a complete logical basis and be consistent with the current payment practice and regulatory requirements.The article is divided into three chapters besides the introduction and conclusion.The first chapter,"The institutional value of settling the ownership of the precipitation funds funds." The production of precipitated funds stems from the purpose of guaranteeing non-face-to-face transactions by innovation in payment methods.Due to the time difference of commodity transportation,precipitation funds are collected in large quantities in the third party payment platform,its managers ' self-discipline and morality in the face of the interests of a great shake,precipitation funds by the payment agencies arbitrarily misappropriated,resulting in a financial gap,will make customers lose confidence in the development of the payment market.The existing supervision mode of sedimentation funds in China has a certain effect because it distinguishes the payment institution's own funds from the customer's precipitated funds.But the precipitation funds in the central bank can not exert their economic value,resulting in the waste of social resources.The conflict between the security value of precipitated funds and the value of economic benefits is,in the final analysis,its ownership system is unclear,and only by establishing its attribution can it realize its true protection.The second chapter,"Precipitation capital ownership system involved in the investigation of factors." Under the condition of strict supervision of precipitated funds,countries have divided the design of the system of ownership of the design of precipitated funds.In order to maintain the security of customers ' funds as a factor,China adopts the mode of prohibition of use.Third-party payment agencies can not take advantage of customer precipitation funds for their own profit,only to do a strict implementation of customer orders for collection and payment of the executor.On this basis,the third party payment agencies launched a positive response,but the balance treasure as the representative of the business model,in essence,for the customer and the fund market to bridge,facilitate transactions,to collect service fees,failed to really solve the problem of the use of precipitated funds.The need of precipitation fund utilization and the security guarantee of user funds are still playing a game.The design of precipitated funds in extraterritorial countries and regions is based on the economic value of funds,and the scope of investment by third-party payment agencies using precipitated funds is limited to low-risk,highly liquid products.In the construction of sedimentation capital system in China,it is necessary to increase the consideration of the economic value of precipitated funds under the premise of maintaining the safety of customers themselves,in order to achieve the unity of the development of customer funds security and payment platform.The third chapter,"The construction of the system of settling ownership of the precipitation funds ".The purpose of establishing the ownership problem of precipitated funds is to give full play to the economic value of precipitated funds.However,it is clear that the right and obligation relationship of the subject involved in the precipitated funds can make the whole system of the ownership of the precipitated funds.Therefore,in the construction of the system,we should adhere to the principle of safeguarding the safety of customers ' funds,make rational use of the principle of precipitation funds,maintain the principle of financial market order,in order to balance the relationship between the relevant interests,the legal nature of the precipitated funds themselves and the related interests should also be included.In order to establish the ownership of the customer's precipitated funds,the third party payment agency can make use of the precipitated funds because the customer voluntarily chooses,but also to bear the risk of the adverse consequences caused by the precipitation of funds,as well as the relief system after the loss.At the same time,it is necessary to strengthen the supporting measures of the system of settling capital ownership,so that the management of precipitated funds is scientific,systematic and forward-looking.Third-party payment agencies in the status of non-financial institutions to carry out the real financial business of financing,relying on the progress of Internet technology and business model innovation,"Daily fight Gold" payment transactions derived from the difficult value of precipitation funds.In China,the regulatory documents on the precipitation of funds to protect the main,clear precipitation funds are not third-party payment agencies of their own property.However,this provision is challenged by property law,and the creation of real right in departmental regulations is also a challenge to the legal principle of real right.The ownership and use right of precipitated funds should establish a complete logical basis and be consistent with the current payment practice and regulatory requirements.