| Third-party payment has developed rapidly in China,and its role in promoting the economy has become increasingly prominent in recent years.However,how to determine the legal relationship between the parties,there are currently more disputes,and the law between third-party payment institutions and buyers and sellers.Relationships,there are currently different opinions such as principal-agent theory,guarantee theory,and creditor rights transfer.The reason is that the existing legal relationship in China cannot fully cover and adjust the legal relationship of third-party payment.The functions of "collection and payment" and"guarantee transaction" of third-party payment institutions are similar to various legal relationships,so The identification of legal relations currently has more controversy.The unclear nature will make it difficult for the parties to foresee the legal consequences caused by their own actions,the problems of unclear laws in the settlement of disputes,and the existence of legal conflicts in foreign-related cases.Therefore,the article proposes to use the US escrow relationship to identify the legal relationship between the third-party payment institution and the buyer and seller as the escrow relationship.On the one hand,the identification of a single escrow relationship can make complex third-party payment legal relations simple,and truly realize the legal relationship,and can comprehensively consider the balance between the interests of stakeholders and the overall interests of society.On the other hand,the recognition of the escrow relationship is conducive to ensuring the function of third-party payment institutions to realize their fund transfer and secured transactions,and is also conducive to cross-border payment,so that third-party payment institutions can plan their development from a domestic and international perspective,thereby further enhancing Its positive role in promoting China’s economic development. |
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