Research On Attribution Of The Right Of Precipitation Funds And The Interest Of Internet Third Party Payment Platform

Internet third party payment platform carries out the essentially financial business under non-financial appearance.The third-party payment industry continuously climbs its own peak of development along the deviation of legislation and practice.In the meantime,the huge payment transaction also produces an incalculable deposit funds.The attribution of the right to settle the deposit funds and the derivative interest have not been given enough attention.In order to clarify what kind of civil legal relationship is formed between the third party payment platform and the user,this article dissects the contact of funds.The custody phase,the user recharges the personal virtual account or the user fails to withdraw the idle money in the personal virtual account to cause the corresponding fund to deposit.Although the capital is expressed in digital number,the corresponding amount of money has been deducted and allocated to the escrow account of bank;or the platform temporarily froze the equivalent currency in the bank account waiting for specific instructions.At this phase,the third-party payment platform and the user form the storage contract.The deposit funds lose the individuality,the user owe the claims against the platform,the platform obtain the right of deposit funds.In case that the actual storage place is the escrow bank account,the platform has the right of claiming repayments against the escrow bank in turn.The transferred phase,the monetary funds are transferred into the determined amount according to the specific instructions.Since the user have surrendered the ownership,the payment instruction is equivalent to the corresponding concession of the claims,the recipient receive the claims.The user has not reached a clear consensus about the right to the funds with the third-party payment platform.Forcing the platform to return the interest would pay high costs and technical requirements,this paper advocate that the advanced foreign experience could be put into practice such as establishment of the unified joint depository account,the proprietary protection fund,the investment of precipitation funds,the extending compensation system.The above ways can recycle the interest and protect the right of user’s property simultaneously.