Study Of The Legal Regulation Of P2P Network Lending In Our Country

P2P network lending, is a kind of form to rely on Internet technology of small loans tofinancial services, first appeared in the british. Founded in2007“Paipaidai” is China’s firstP2P network lending company, then the P2P network lending platform rapidly development,so far there are300engaged in network lending platform. As a new kind of Internet financialmodel, changed the traditional business model, it use the Internet technology innovation infinancial products and services to make up for the shortcomings of traditional financialindustry, it use the Internet technology innovation in financial products and services to makeup for the shortcomings of traditional financial industry, expand the folk capital investmentchannels, alleviate our country small and medium-sized enterprise and individual financingdifficulties, the prosperity of our country folk credit market. At the same time, this newfinancial service mode is different from the traditional financial institutions. P2P networklending platform only provides financing information service for the debit and credit, is a nobank financial institutions. On the basis of our existing legal system, it is difficult to carry outeffective supervision on them. Due to the lack of effective regulatory measures, P2P networklending platform have such as the illegal fund-raising, misappropriation of loan and otherlegal risks of harmful social financial stability. In order to maintain social harmony and stabledevelopment of private credit markets, in-depth study is necessary to trigger on the P2Pnetwork lending industry issues, put forward the concrete solutions, to promote the orderlydevelopment of the P2P network lending.The main content of this paper is divided into six parts:The first part is the introduction part. The content have three parts, includes the researchbackground and significance, literature review, research methods.The second part, is the P2P network lending overview. This part elaborates the concept,characteristic as well as the P2P network lending operation model, but the P2P networklending is a new thing, the concept of P2P network lending there is no authoritative definition.China’s P2P network lending transactions with convenient, low cost. P2P network lendingplatform in China have pure intermediary, compound intermediary and secured three models in actual operation. However, because our country’s law is not perfect, P2P network lendinghave some risks.The third part, mainly from law and economics perspective, on the theoretical basis ofanalysis, include the contractual justice theory and the state intervention law, financial safetytheory, information economics theory and externality theory.The fourth part, the regulatory status of P2P network lending. Due to the lack of specificlaws and regulations, the regulatory status of P2P network lending is not optimistic, mainlymanifested in four aspects: one is the lack of clear regulatory body; two is not specific legalsystem of market access; three is the lack of legal regulation of market transactions; four isnot corresponding to market exit mechanism.The fifth part, foreign experience. Britain and America as developed countries,implications for P2P network lending regulation of China is very good.The sixth part, according to the existing problems and supervision of China P2P networklending, put forward to perfect the legal regulation of P2P network lending suggestions, likeclear its legal status, establish the regulatory body, the establishment of specific marketaccess system.