Research On Legal Supervision Method Of P2P Network Loan In China

In recent years, disputes about dormant investment occur frequently. That makes more and more people focus on the phenomenon of dormant investment, especially the problem of who has the shareholder’s qualification and the legal relationships of parties, these problems also caused debate in theory and practice. Although we affirmed the legality of dormant investment through the Supreme People’s Court on the Application of the People’s Republic of China company law provisions of a number of issues(three), and provides guidance, as the law articles are too one-sided and have conflicts, this result in different judgments on similar cases, even in similar judgments, there are different reasons. However, it is necessary to analyze dormant investment, so that we can solve the basic problem of it.It is difficult to make decisions due to dormant investment involving multi interests, especially the problem of who has the shareholder’s qualification and the legal relationships of parties. In order to solve these problems, this paper tries to use British and American agent system and analyze various theories, put forward new standards of shareholder qualification conforming, and provide more assistance to the practice.In addition to the introduction and conclusion, this article is divided into five chapters, the main contents are as follows:The first part, the introduction part, mainly expounds the research background and significance of P2 P loans, domestic and foreign literature review, research methods and innovation, for the following research.The second part, first expounds the definition of P2 P lending. Secondly, from the rise and development of P2 P loans to the history of the P2 P network loans. Then,analysis of P2 P loans have fast circulation of information and transaction procedure is convenient, involves the amount is small, borrowing short term, loan threshold is low,the characteristics of wide coverage. P2 P network is presented and then, analysis the loan has to meet the demand of personal funds and improve the utilization efficiency of social idle funds and the development of personal credit system from three aspects of value and meaning. Finally, it presents the legal nature of P2 P lending to online network platform and P2 P online network of borrowing in the legal relationship between different subjects, through introducing the legal relationship, the legal riskcontrol for the later provides a theoretical basis.The third part, first write regulatory status of P2 P lending platform. Then,combined with the existing legislation principle, law and practice of the status quo analysis of the P2 P lending platform in our country at present the main existing problems, and on the summary analysis summary.The fourth part, the first to investigate foreign regulatory system. Britain, the United States as a developed country in the development of the P2 P network loan regulatory conditions, and then, using the experience of foreign regulation, write for P2 P lending supervision enlightenment function to our country.The fifth part, aiming at the problems existing in the P2 P lending and regulatory status quo, put forward the suggestion of perfecting our country’s legal regulation system for P2 P lending, such as clarify the legal status of P2 P lending platform,establish supervision main body, establish a multi-level regulatory system, strengthen the self-regulation of lending to P2 P network platform and establish a perfect network credit investigation system.