Research On Legal Regulation Of Internet Financial Risk

Internet finance is to rely on big data, cloud computing and other high-tech, online through optimal allocation of funds under the line, in order to achieve a new model of financial intermediation. Because of its dispersion, small money to meet the financing needs of the general public, so as to have an inclusive financial attributes.Recently, the growing popularity of Internet financing formats including:third-party payment, Peer-to-Peer lending, equity Crowd funding, Internet financing product sales. These Internet financial services and cross-mixing in business and industry, making it more complex than traditional finance, its regulatory requirements are higher, the need for complete legal regulatory and supervisory system in order to improve regulatory efficiency and the elimination of regulatory vacuum.China’s Internet financial risks faced by their main reason, mainly law and policy risk, legal policy instability, such enthusiasm hindered the development of Internet banking, local policy is not uniform, so that the development stage of the country was uneven; Internet financial development relatively short time, institution regulatory experience and practices, but also can not meet its development; financial associations have organized over the Internet, standardize and limited autonomy, the financial industry and the Internet to increase the trust endorsement. In addition, the social credit system and personal information protection system is not perfect, so the credit status of the investment and financing side, difficult to fully understand, increases the risk of the transaction, standardized collection and protection of personal information is also an issue, the protection of personal information and credit how to achieve balance; the legitimate rights and interests of financial consumers have been violated frequently, to protect their interests should be strengthened.US and EU financial supervision on Internet experience is worth learning. US regulatory agencies to implement regulatory and functional combination mode for Internet financing, to encourage and support crowd funding equity financing, established a relatively sound social credit system, promulgated the "Financial Consumer Protection Law." EU regulatory experience is mainly reflected in the legislative and institutional regulatory model.Our Legal Regulation path of Internet financial risks include:building a complete Internet banking regulatory legal framework, the development of relevant specific legislation, such as social credit, personal information protection; the strengthening of institutions supervision, coordination of supervision, innovative forms of regulation; to encourage and regulate the industry autonomy; give full play to the role of judicial activism; clear definition of financial consumers, protect the legitimate interests of financial consumers.