The Formation Mechanism And Rational Regulation Of Legal Risks Of P2P Network Loan

With the continuous expansion of the industry P2P network lending platform, its facing credit risk, market risk, system risk is also gradually revealed. In theory, P2P network lending platform belongs to the private lending, seems to be not subject to legal regulation, there are no relevant laws and regulations to prohibit sexual regulation on it. But in reality most P2P platform only in the administrative department for Industry and commerce registration departments, no clear of its supervision in financial services. Private network lending platform is a new kind of financial model, also known as the "peer-to-peer lending", it is through the network platform for matchmaking, make money and investment idea of person, can use credit loan way borrow funds to other borrowing needs of people. Generally need to use private network lending platform to help borrowers and lenders to establish lending relationships and to complete the relevant transaction procedures. The borrower can publish their own loan information, including the amount of borrowing, the supreme interest, repayment methods and time, the realization of loan, borrower and lenders according to published information, screening to decide whether to lend after amount and the amount of borrowing, realize self borrowing. In the reality and theory background, this paper after rise and characteristics in the brief introduction of P2P network lending platform, explains the related theory of the domestic and foreign existing P2P network lending platform of the legal risks, analyzes and formation mechanism of legal relationship exists between P2P network lending platform in the process, emphatically analyzes the legal risks of P2P network lending platform in the lender, borrower and P2P platform itself faced, and puts forward some suggestions of corresponding legal regulation, contribute to the healthy development of China’s P2P network lending platform industry.