| With the development of Internet technology and economic society, China’s first online P2P lending platform ppdai.com went online in operation in June 2007 in Shanghai. After over seven years’development, online P2P lending in China has formed an online P2P lending platform with a considerable quantity and scale, and the overall turnover has exceeded 20 million, which has become an important force in private finance. However, in the view of specific business of online P2P lending platform, China’s online P2P lending platform hasn’t formed unified operational rules. Legal supervision vacancy exits because there is a lack of laws and regulations about online P2P lending,The year 2013 is the first year of Internet-based finance①. In the report on the work of the government of March 5,2014, Premier Li Keqiang proposes to promote the healthy development of Internet-based finance. The first appearance of Internet-based finance in the government work report attracts wide attention, which shows not only the concept of Internet-based finance is widely recognized, but also as a new economy form, Internet-based finance has become an important part of the current forms of socio-economic development. Online P2P lending being one of the major forms of Internet-based", its healthy or unhealthy development concerns the development direction of the whole Internet-based finance field.Considering a great many problems (such as runaway of lending platform and difficult in withdrawing deposits) exposed due to lack of legal system of online P2P lending platform, the thesis makes an empirical analysis of online P2P lending platform in China, makes a summary of legal problems arose from the whole process of online P2P lending platform from market access to market exit, and proposes corresponding solutions. I wish the thesis could be helpful in legislation and practice of online P2P lending platform.The main contents are as follows.The first chapter is an overview of private online P2P lending platform in China. The chapter first introduces the origin and development of online P2P lending and makes a summary of its development in the UK, the US and China. Then the chapter states the major operating models of online P2P lending platform in China. On this basis the chapter analyzes the legal nature of online P2P lending platform in China and comes to a conclusion that online P2P lending platform is a quasi finance institution with the character of intermediary.The second chapter is about legal problems and solutions of market access of private online P2P lending platform in China. The chapter first introduces market access of online P2P lending platform in China, then explains the vacancy of market access rules in the process, and finally proposes corresponding recommendations of market access mechanism as to the nature of online P2P lending platform.The third chapter is about major legal problems in the operation of private online P2P lending platform in China and their corresponding solutions. First, through mathematical analysis of private online P2P lending platform in China, legal problems in the operational process can be concluded as follows. Legal system of private lending is imperfect; there is vacancy in legal supervision and management of private online P2P lending platform; crimes like illegal fund-raising and money laundering exit in online P2P lending process, etc. Then, I propose appropriate solutions for legal problems mentioned above.The fourth chapter is about the market exit mechanism and interests protection of creditors of private online P2P lending platform. The market exit mechanism of private online P2P lending platform is an important condition for the market to develop healthily. In this part I propose to restructure market exit mechanism of private online P2P lending platform.In addition, the interests protection of creditors of private online P2P lending runs through the online P2P lending process, and I will discuss this issue separately.The last part is conclusion. |
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