论第三方支付机构客户备付金及其孳息的所有权的归属及行使

网络交易市场的不断增长，第三方支付方式的使用日益广泛，第三方支付机构所管理的客户备付金也不断增多。法理上，第三方支付机构客户备付金及其孳息的所有权应该由第三方支付机构的客户所享有；实际上，第三方支付机构客户备付金的孳息难以分配给其所有者。设立一个第三方机构代表第三方支付机构客户行使所有权，并完善相关立法，不失为解决这一问题的最好的途径。

The proprietary rights and the use of the excess reserves and its interest of the clients of the third party payment institutions

Network market keeps growing, the use of third party payment is becoming more and more widely, the money which is deposited in the third party payment institutions is increasing. Legally, the money which is deposited in the third party payment institutions and its interest belong to the dients;In fact, it＇ s hard to return the interest of the money which is deposited in the third party payment institutions to the clients. A third party organization is necessary to represent the benefit of the clients, and perfecting the legislation is also necessary.