Study On The Law On The Supervision Of Third Party Payment Precipitation Fund

With the popularity of mobile payment,the third-party payment industry expanded rapidly.Although the third-party payment business in China started late,in the past ten years,the third-party payment industry has developed rapidly on the basis of the establishment of the original banking system in China,relying on Internet technology.And in the world leading level.Due to the influence of the industry itself and the restriction of legislation lag,the third party payment related supervision problems gradually appear.Based on the concern of the third party electronic payment platform deposit fund supervision practice,this paper clarifies the concept and nature of precipitation fund on the basis of clarifying the ownership and Make rational use of it.At the same time,combined with a series of new policies and regulatory countermeasures,this paper mainly studies how to strengthen the supervision of precipitated funds in third party payment through the following parts:The first part mainly analyzes the development background of the third party payment and precipitation funds and the current development environment.First of all,this paper introduces the important influence of third party payment in the global wide commercial trade,and summarizes the nature and source of precipitated funds,combined with the current situation and existing problems of precipitation fund supervision and the characteristics of electronic commerce.The second part mainly discusses the regulations and existing problems on the supervision of third-party payment precipitation funds in China.This paper focuses on the countermeasures to regulate this field in the Law on Electronic Commerce,the Measures for the Management of Network Payment Business of Non-bank Payment Institutions,the Measures for the Deposit Management of Customer Reserve Funds of Payment Institutions and other relevant regulations.The third part mainly studies the extraterritorial experience of the third party payment deposit fund supervision law.Focus on the United States,the European Union,Japan related systems to learn,combined with the existing system of China to carry out a comparative study,explore how to improve the external supervision and industry self-discipline model,targeted refinement of the supervision of precipitation funds,So as to draw the foreign third-party payment precipitation fund supervision law to our country’s enlightenment.The fourth part puts forward the suggestion to perfect the legal system of the third party payment deposit fund supervision in our country.First,it is necessary to establish and improve the legal system: to improve the legislative rank,to strengthen the pertinence of legislation;to clarify the subject and scope of supervision,to change and upgrade the mode of supervision;to adhere to the openness and transparency of information and to accept public supervision.Second,we should pay attention to perfecting the industry system: adhering to and perfecting the "centralized deposit management" system;strengthening the protection of the industry self-discipline system;setting up the exclusive account of the third party payment deposit fund;and clarifying the division of responsibilities between the third party payment institution and the bank.Third,it is necessary to make clear the ownership of precipitated funds: the right to use precipitated funds and the ownership of fruits of precipitated funds should be taken Clear.