A Legal Study On The Guarantee Of P2P Network Loan In China

P2P Network Lending as a new product under the background of "Internet plus". has experienced a process of introducing from abroad to domestic. At this stage is a P2P network lending in the rapid development of our country, in the development of the industry at the same time, P2P network lending commercial financing pattern is chaotic and complex, is no longer at the beginning of the establishment of such a pure intermediary unsecured model. Network lending platform in order to expand the Internet business, to solve the problem of asymmetric information and other financial information, the platform guarantees and third party guarantees and other business models come into being.Network lending platform itself guarantees and third party guarantees and other models indeed play a role in promoting the development of the P2P. in China’s credit information is not perfect and investors’risk awareness is not a sound environment. However, this mode of guarantee originally scattered to the risk of investors to the sponsor, the introduction of guarantee will be alienation platform positioning and bring regulatory problems, and guarantee Party does not have a guarantee of quality, easily hit financial leverage. Practice network lending platform industry risk did not reduce, net credit platform running failures become the media of P2P industry reported in the high-frequency words. P2P network lending will return to the point of essential points trading and risk diversification, guarantee should not have the ability to have fallback risk.China has not yet established a legal framework for the P2P network lending, and in the P2P network lending origin of the United States and Britain have the relevant provisions of this. Britain’s P2P network lending by the financial behavior Supervision Bureau unified management, network lending platform in the United States just play a pure intermediary, not secured loans, and the introduction of third party funds depository mechanism. In addition, the foreign representative of the network lending platform such as the RateSetter platform and the German friendsurance company, set up risk margin based on pure intermediary mode to unsecured and establishment of insurance system. From this, it is necessary to learn from practices in Britain and other countries, through the establishment of the CBRC led to non prudential supervision mechanism, standardize the management of risk margin. At the same time, combined with financial leverage to review third party Guarantee corporation qualification, the network lending platform to strengthen cooperation with insurance companies, to maximize the protection of the interests of the lender. The basic practice of legal operation in our country specific on further standardize and guide the development of P2P network lending advice.