Research On The Legal Supervision Of The Network Lending Platform

The first network lending platform in our country Established in2007,as a neworganizational form of financial intermediation, At present no regulatory authorities in Chinato regulate their business. However the legal risk which contains can not be ignored;andshould have been included in the supervision of the appropriate regulatory authorities.Underthe current legal systems, however, there are many obstacles, such as the nature of thenetwork lending platform is unknown, and the normative system of laws and regulations itabsent. View of these defects,matters.author of this paper put forward correspondingcountermeasures to overcome these obstacles above.In addition to the introduction, the full text is divided into five parts:The first part describes the mode of the operation, the classifications, characteristics,and development status of the network lending platform.The network lending platformoperated through the establishing website, registering as a member by both lenders andborrowers, in the site, through online funds auction, public bidding reached a borrowingrelationship.Compared with the traditional private lending and bank borrowings, ischaracterized by a small amount of high interest rates, online operations, guarantees andcounter-guarantees.Different classification standards based on whether or not to provideguarantees, whether to carry out field trips, whether to distinguish the borrower objects on thenetwork lending platform.for the existence and development of the network lending platformfavorable and unfavorable factors is also very clear that the difficulties in financing of SMEsneed financial innovation as formal financial supplement to make up the blank of the privatefinancial markets similar to the platform. Adverse factors such as credit information system isabsent, bad debt control system is not completed.The second part discusses the necessity of legal regulation of the network lendingplatform.Necessity mainly from two aspects:Firstly, the need to maintain financial order, thefight against financial crime.secondly,the balance of the lender disadvantaged status, the needto protect its interests. The third part of the text analysis the legal regulatory obstacles in the existing legalregime on the platform. First of all, the nature network lending platform is not clear, theplatform nature of the theory to explore has not yet formed a conclusion and there were noregulatory body of its definition. Secondly, Interest rates caused by the imperfections of thesystem of laws and regulations in private lending is not objective, the dominant position ofthe legal status of private lenders is fuzzy. Again, the because of the lack of laws andregulations of the regulatory platform, the regulatory principles of the platform, theregulatory state of rule of law is unclear.The fourth part, for the problems in the third part raised,Propose appropriatecountermeasures to solve them. First of all, for the unknown nature of the platform, afterdiscussing the nature of the platform,the nature is characterized as a new type of financialinstitutions. Secondly,for the lack of private lending laws and regulations,<Ordinance oflenders> is suggested to be formulated as soon as possible to make the platform lending interestrates and private lenders legal status clear.Again,draw up a special administrative regulations<network lending platform management Legislation>,to ensure the the regulatory legalprinciples of the platform, make sure the rule of law to be clear,after that,the platformsregulatory legal system of rules has been builded.The fifth part is a summary of the full text of the article,and further Emphasizing of thekey point of the The core idea.