Research On The Legal Regulation Of Third-party Payment Client Precipitation Funds

Third-party payment is the product of electronic commerce and "Internet" economy.Its convenience,flexibility and inclusiveness make it an important payment tool.However,behind the booming industry,its inherent problems are also increasingly prominent.As an important link in the field of third-party payment,customer precipitated funds are most closely related to the enterprise's profit model and the public's financial security,so they have become the key content of the current legislative regulation.It also aroused discussion in the academic circles.The key to the problem lies in the ownership and utilization of the client's precipitated funds and their fruits.The root of the dispute is that the third party payment institution has no clear legal position,the third party payment organization and its precipitated funds are not given enough legislative attention,and the definition and extension of the key concept of precipitation fund is too narrow.It leads to the lack of supervision and the defects in the use of funds.In order to solve the problems of precipitation funds,we should pay enough attention to the third party payment in legislation,and raise the legal rank of regulating the third party payment to the basic Law.And the existing problems and possible problems in the future to carry out detailed legislative provisions,so that the regulators and the institutions have laws to abide by;Secondly,under the premise of accurate legal positioning for third-party payment organizations,the appropriate regulatory model should be chosen according to the characteristics of the mixed operation of third-party payment institutions in China.Finally,the security of settling funds is the top priority of governance.At the same time,we shouldn't ignore the problem of efficiency.The effective management of precipitated funds requires a good balance between financial security and financial efficiency,that is,to maximize the value of monetary funds on the premise of ensuring the safety of user funds.Support the development of small and medium-sized payment institutions,leaving a healthy living space for them.Only when the law gives it enough free market environment and profit space can the payment agencies not go to the extreme edge of the law,and the whole industry can develop healthily and orderly.The rights and interests of consumers can be protected to the maximum extent.Therefore,perfect and scientific third party payment client precipitation funds governance,it is especially important.