Research On The Law Issues Of The Client's Reserves Of The Third-party Payment

In recent years, with the prosperity of e-commerce network consumer market changing rapidly, the third-party payment platform came into being because of the drawbacks of traditional methods of payment.The third-party payment created a new model of network transaction due to its quickness, convenience, high degree of credit. And it was quickly recognized by the users.In the third-party payment process, because of the artificial interruption of the payment process, a portion of the funds were retained in the third-party payment platform in the bank account, which became to deposit of consumers.With the vigorous development of the third-party payment industry, the scale of client's reserves is more and more huge.At present, the third-party payment law in our country is not perfect.There is a big controversy about the property of client's reserves and its fruits in academic circles.In reality, there are regulatory issues and risk problem around client's reserves. If these problems are not solved properly, not only do harm to the protection the interests of users, but also not restrain the third-party payment industry's long-term healthy development.This article starts from the legal attribute of client's reserves,discussing core issues about client's reserves.What's more,this article explain the arguments on the legal attribute of client's reserves and explore the solution to problems of client's reserves in practice.This article thinks that client's reserves is the subject of custody contracts. Therefore, fruits of client's reserves should belong to customers.The third-party payment mechanism can use the fruits of client's reserves with rationality and legitimacy through a consultation system between itself and consumers.Because of various risks to client's reserves in reality, payment institutions and customers themselves should guard against risks. In addition, there are loopholes in the regulatory form of client's reserves.The relevant legal responsibility has not formed a complete system. Except for the regulation to third-party payment mechanism from the perspective of legislation, a safeguard mechanism about client's reserves and a multi-sectoral linkage supervision system are suggested to eliminate the hidden troubles of client's reserves as much as possible.