The Legal Structure And Governing Logic Of P2P Lending Platform

Peer to peer lending platform rose in the United Kingdom in2005, then it quickly spread all over the world, including China and America. Thanks to the fact that Internet is widely used in various fields, the integration of private lending and Internet technology has spawned a new thing—P2P lending platform. This platform effectively make up for the shortcomings of traditional formal financial institutions credit business and bring new hope to the minor enterprises and individuals in the long term financial difficulties; Besides, they will easily cause some market risks, thereby affecting the stability of the capital market, coupled with the policy on the risks of the lack of legislation. Therefore, P2P should be incorporated into the legal track as soon as possible, and we should strengthen the supervisionof them, promote their healthy development through law and guidance.In addition to the introduction and conclusion, this paper is composed of the following four parts:The first part is an overview of the P2P lending platform. This part mainly includes the following contents:firstly, it starts from a more appropriate definition of the new P2P lending platform; secondly, it introduces the history of P2P from two aspects of home and abroad; thirdly, it uses the method of comparative analysis, by comparing the P2P platform with the traditional business model of commercial banks, non-deposit-taking financialinstitutions, to sum up the characteristics of P2P; fourthly, It explores the nature and status of P2P from the angle of law, and then regards it as a kind of credit intermediary service institutions.The second part is the foreign typical P2P lending platform model. This part includes:firstly, research the operation of the typical P2P platform abroad, such as Britain’s Zopa and American Prosper company; secondly, further analyse its operation mode through the study of these foreign typical P2P’s development in the past ten years.The third part is the operation and problems of P2P in China. This part includes:firstly, reseach the situation of domestic P2P; secondly, find out the problems and potential risks through its analysis, including the lack of credit risk evaluation mechanism and so on.The fourth part is about how to perfect the legal supervision system of P2P,including:firstly, intoduce the ogical path of superving P2P; secondly, put forward some specific opinions for supervision system on P2P, finally attempting to construct a hierarchical P2P network lending platform supervision system.