关键词: 互联网金融,第三方支付,风险控制,金融消费者,监管立法

Abstract: The modern payment and clearing system takes the central bank NPC system as its core. The prosperity and development of the Internet finance of payment and clearing type has caused large amount of social capital leaving the sight of the central bank, which constitutes great challenges towards the effectiveness of the existing payment and clearing system. In order to control the risks, the central bank has published the Draft of Regulations on E-payment for the purpose of reducing the scale of precipitation funds from the source by restricting the transfer amount of individual accounts and the consumer spending. The third-party payment is the classical pattern of Internet finance of the payment and clearing type, taking this pattern as an example, the legal status of the payment platform has to be clarified, while the legal relationship between the main participants from the perspective of different interests has provided enough room for multiple explaining of the legal ownership of the precipitation funds. On the basis of the cause analysis of the limiting measure, it can be found that fierce interest game is under cover behind the system design. Through the comments on the key provisions listed on the Draft, this paper tries to explore the rational choice of the division between rights and obligations.

Key words: the Internet finance; third-party payment; risk control; financial consumer; regulatory legislation