| Since P2P lending has introduced to China, it has easing somefinancing difficulties of the small and medium enterprises, private ownersand individuals,but the birth of things always come with the pros andcons,some legal risks also occur frequently because of it,therefore, thisarticle is aims to study the legal risks and the control of the risks.Theresearch method this article used is to combine of theory and practicethrough entering into the well-known P2P lending platform as a lender or aborrower.Grasping essence from practice to analyze the risks, and makingsome targeted countermeasure based on practical analysis.This article includes there parts of introduction, main body andconclusion, and the main body part consists of four chapters as followings:The basic conception of P2P online lending and the risk of P2P onlinelending need to be figured out in first chapter since what this article studiesis the control of P2P online lending. Meanwhile, the first chapter alsodistinguish P2P online lending from other conception,such as privatelending, online mode of bank lending, micro-lending, non-taking depositlender, and the traditional agency of private lending. In addition, it also hasa brief analysis of the the characteristics of P2P online lending and it’slegal risk,so that we can further make clear of P2P online lending and therisk of P2P online lending.Charter two is going to introduced the legal nature and the legalrelationship of P2P online lending based on the clear of conception ofcharter one.We can confirm that P2P online lending is belongs to legitimateprivate lending upon the recognized of behavior of P2P online lending,andalso account that P2P online lending is more appropriate to be deem as quasi-financial institutions upon distinguishing quasi-financial institutionsfrom agency of credit service.At the same time,through explaining the legalrelationship between each legal entity,including borrowing contractualrelationship between lender and borrower,agency service contractualrelationship between borrower and agency platform,the custody of thecontractual relationship between lender and third-party paymentplatform,so it can provide a theoretical basic for the later.The third chapter is aims to divide the risk of P2P online lendingthrough legal entity,environment and behavior of legal entity.The risk comefrom unidentified legal body including the risk of authenticity ofborrower’s identity authentication,the risk of unidentified of the nature ofP2P online lending platform,and te risk of precipitation funds of the thirdparty platform.The risk come from environmental problems including therisk of network environment and the risk of national laws andregulations.The risk of behavior of legal entity including the risk ofbehavior of borrower and the behavior of agency platform.The final chapter is based on the third chapter of it’s cause analysis,itaims to find out some feasible countermeasures. For the legal risks ofunidentified legal entity,it proposed that to improve the personal creditsystem,to establish a standard and reasonable credit rating system ofagency platform, and to define the legal nature of agency platform.For therisk of environment problem,it proposed that to strengthen privacyprotection among borrowers and lenders,to improve the transparency ofinformation of agency platform,and to established self-regulatoryorganization to protect the legitimate interests of investors.For the risk oflegal entities’s acts and omissions,it proposed to strength check before theloan,to track management after the loan,to guarantee the legitimate use ofborrowing money,to establish a security mechanism of finance, and toimprove the access system of agency platform. |
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