在我国,支付宝作为第三方支付平台的佼佼者,具有极高的研究价值,而支付宝作为新兴的支付方式给传统法律造成的挑战也很多。主要包括支付宝法律地位的难以界定、支付宝法律适用的难以选择、支付协议对用户的侵害、沉淀资金及孳息的归属难题。由于这些挑战的出现,我国金融监管部门应当加快相关法规的出台,以使市场健康发展。 In our country, Alipay, as the leader of the third-party payment platform, has a very high research value. However, Alipay poses many challenges to the traditional law as a new payment method. Including the legal status of Alipay difficult to define the difficult choice of Alipay applicable law, the payment agreement to the user infringement, precipitation of funds and the vesting problem. Due to the emergence of these challenges, China’s financial regulatory authorities should speed up the introduction of relevant laws and regulations so as to ensure the healthy development of the market.