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“抢红包”近几年来风靡于微信、QQ、微博等即时通信软件,但是大众对电子红包的实质问题了解甚少。电子红包呈现出蓬勃发展趋势的同时,相应的有关于第三方支付沉淀资金及其孳息的法律权属问题在学界引起了广泛的讨论。本文从电子红包的收发过程及第三方支付沉淀资金和孳息的成因入手,剖析我国现有法律对相应问题规制的不足,以期对第三方支付沉淀资金及其孳息的法律权属的规制提出较为可行的法律建议。
“Grab the red envelope ” In recent years, popular in WeChat, QQ, Weibo and other instant messaging software, but the public do not know much about the substantive issues of electronic red envelopes. At the same time, the corresponding legal ownership of third-party payment of capital and its fruits has caused widespread discussion in academia. This paper starts with the process of sending and receiving e-envelopes and the causes of the third-party payment of funds and fruits, analyzes the existing problems of the existing laws in regulating the corresponding problems in order to put forward the regulation of the legal ownership of third-party payment of funds and their fruits More feasible legal advice.