| In recent years,Internet shopping has gradually become one of the main consumption patterns of the public,especially after the outbreak of the epidemic in 2019,more and more people are accustomed to even relying on online shopping.Online payment is an indispensable part of completing online transactions,and third-party payment platforms that assist buyers and sellers in transferring payments play a key role.However,in practice,it is not uncommon for precipitated funds deposited in third-party payment platforms to be misappropriated privately,and the relevant legislation only focuses on how to supervise third-party payment platforms,while the ownership of precipitated funds in third-party payment platforms has always been avoided.Therefore,this article uses six parts to discuss in detail the legal issues of precipitated funds in third-party payment platforms.Want to clarify the legal ownership of precipitated funds in the third-party payment platform first of all to clarify the legal nature of precipitated funds,the theoretical community mainly exists in four theory views,but there are some deficiencies,deposit theory only pays attention to the precipitated funds in the form of funds stored to third-party payment institutions,but ignores the nature of the third-party payment institutions themselves can not engage in deposit and withdrawal business;creditor’s rights and debts say that the reserve fund is regarded as a non-banking third-party payment company to borrow from consumers,However,such a huge amount of borrowing is bound to be suspected of the crime of illegally absorbing public deposits;electronic money says that the reserve fund is used as an electronic currency purchased by consumers to pay companies from non-banking third parties,although it is reasonable to a certain extent,but in the category of precipitated funds such as "in-transit funds",it is impossible to explain the situation that online transactions precede the issuance of electronic money;although the subject matter of the contract is said to take into account the legal relationship between platform users and non-banking third-party companies,and the precipitated funds are applied to it.But it completely erases the monetary attributes of precipitated funds.Therefore,combined with the various theoretical points of view,this paper defines the nature of precipitated funds in third-party payment institutions as the subject matter of the contract with electronic money as the subject matter.Based on the legal nature of the above-mentioned precipitated funds,this article clarifies that the legal ownership of the precipitated funds in the third-party payment platform belongs to the platform users.First,based on the custody relationship between the depository bank and the third-party payment platform,the ownership of the depository bank is denied;secondly,some scholars have determined that the third-party payment platform has obtained the ownership of the precipitated funds on the grounds of currency "possession is ownership",but this article believes that the third-party payment platform is only an auxiliary possession of the precipitated funds;finally,this article returns to the legal nature of the precipitated funds itself to confirm that the ownership of the precipitated funds and their derivative fruits in the third-party payment platform belongs to the platform users.Clarifying the legal ownership of precipitated funds in third-party payment platforms is the key to dealing with precipitated funds in practice,so a certain system is needed to protect the ownership of platform users.This article refers to the extended deposit insurance system of the United States,the risk reserve system of the European Union and the special fund protection system of China’s securities industry,and puts forward the proposal of establishing a special insurance system for precipitated funds,a precipitated fund risk protection system and an exclusive rights and interests protection system for platform users.It is also necessary to establish an information disclosure system for the use of precipitated funds in parallel with a system for guaranteeing the ownership of precipitated funds. |
