Research On Legal Risk Prevention And Control Of P2P Network Lending Platforms In My Country

Established in 2007,Patronage Loan is the first P2P online lending platform in China,which opens a new mode of Internet finance.P2P platform innovatively combines Internet technology with private lending,breaks the inherent geographical limitations of private lending,integrates the characteristics of fast,convenient and efficient internet,makes network lending have the advantages of diversification of projects,flexibility of term,low cost,and becomes an important supplement to financing channels for individuals and small and medium-sized enterprises.However,the rapid development of online lending platform in the past decade is not smooth sailing.Due to the lack of credit awareness of private borrowers,imperfect social credit information system,and imperfect legal supervision,the operation mode of P2P platform has gradually developed from the original pure intermediary mode to the "alienation" of creditor's rights transfer mode and guarantee mode.However,because the current laws and regulations can not comprehensively monitor these diverse and distinctive operation modes,the P2P platform has been breaking out of bankruptcy,running and runs since 2014.The latest large-scale "thunderstorm" occurred in June 2018,which shows many legal risks in different operation modes and urgently needs to take relevant measures to prevent and control them.This paper focuses on the legal risks arising from the operation of the network lending platform,and takes the operation mode as the basis for the division of the P2P platform,so as to analyze what legal risks will occur under different operation modes of the P2P platform,and put forward corresponding risk prevention and control measures.In terms of research methods,this paper closely combines the main operation modes of the current P2P online lending platform,selects the representative enterprises of the P2P platform under different operation modes,and objectively,impartially and concretely analyses the legal relationship of the participation of the P2P platform,borrowers and lenders,and other relevant subjects by reading a large number of theoretical literature and consulting the data of rating agencies such as the Internet lending Tianye.The legal risks arising from different operation modes make the article reasonable.In the structure of the paper,it is mainly divided into two parts:the introduction and the body.In the first chapter,the introduction part elaborates the research background,significance and content and methods of this paper,and in the current research situation at home and abroad,borrows the literature of scholars,elaborates the concepts of finance,financial institutions,quasi-financial institutions and other related to the qualitative analysis of P2P platform,and comments on the current research situation at home and abroad,paving the way for the discussion of the text part.The main body of this paper covers four chapters:Chapter II is an overview of the legal risks of online lending platform.Firstly,the concept of network lending platform is elaborated,and based on the definition of legal risk,the meaning of legal risk of network lending platform is defined in this paper.Then,the different legal relationships among pure intermediary,creditor's rights transfer and guarantee operation modes based on P2P platform are analyzed pertinently,and the legal nature of network lending platform is discriminated accordingly.Chapter 3 focuses on the analysis of different legal risks in the three modes of operation.The pure intermediary P2P platform mainly produces information leakage risk,misappropriation risk and money laundering risk.The transfer of creditor's rights type P2P platform mainly produces compliance risk,illegal fund-raising risk,lack of access and exit mechanism risk.The guarantee type P2P platform mainly produces invalid guarantee and related guarantee risk.Chapter ? corresponds to the pure intermediary mode and alienation mode of our country's P2P platform,draws lessons from the pure intermediary mode and compound operation mode of British and American countries'P2P platform and corresponding wind control measures,in order to find out the Enlightenment of risk prevention and control experience of British and American countries on legal risk prevention and control of our country's P2P platform under the corresponding operation mode of P2P platform.Based on the above theoretical analysis and foreign experience,the last chapter puts forward the prevention and control suggestions for the legal risks of three different operation modes of P2P platform in China.