| Online P2 P lending platform, namely Online Peer-to-Peer Platform, refers online platforms where borrowers place requests for loans online and private lenders bid to fund these in an auction-like process. The first Online P2 P lending Platform is originated in 2007, then other online platform emerged and developed slowly. Since 2013, Online P2 P Platform rides on the wings of Internet Finance surging, and the number of platform and the amount of transaction are growing at an alarming rate. At the same time, escaped platform, run incident, fraud platform and bankrupt platform occurs frequently, and the risk of the industry is gradually found. Within the current legal framework of China, there is no formal system introduced it into the regulatory scope from the central authorities, and no specific industry standards and market access system for application of the whole country, and the attitude of the local government to online P2 P lending platform differs from each other, so the risk of the whole industry is huge and can’t prevent. The thesis starts from present situation and try to explore how to improve the legal mechanism for risk preventing of China’s online P2 P lending platform. This thesis consists of three sections: introduction, body and conclusion.The introduction section starts from the concept of online P2 P lending platform, and then introduces the origin of online P2 P lending platform and its development in China. Thereby, lead to the topic of legal mechanism for risk preventing of China’s online P2 P lending platform. After that, the thesis introduces the context and significance of the research, relevant research findings at home and aboard, major research content and research methods adopted in this paper, innovations and faults of this thesis.There are four parts of the body section. Part one introduces the state of online P2 P lending platform in China. First, it describes the overall development trend from both positive and negative side, showing the issues in the process of the rapid development. Then it describes the evolution of the market segmentation and business model, and analysis the huge risk hidden in the business model and operating procedures by alienation business model. Part two analyzes the government’s policy orientation to online P2 P lending platform in China. First, by list Premier Li Keqiang’s important initiatives for Internet Finance in the past two years, indicating the central government intend to support the development of Internet Finance. And then study the documents introduced or to be introduce for Internet Finance by the central bank of China, demonstrating the central regulation authorities will strengthen supervision for Internet Finance. After that, it focus on documents introduced by China Banking Regulatory Commission referred to as CBRC and other finance regulators for online P2 P lending platform, and the opinions of regulation to online P2 P lending platform, expressed by leaders of CBRC at public occasions in recent two years. In addition, CBRC restructured its departments also involves the regulation for online P2 P lending platform. All these manifest the financial regulation authorities specific supervision policy will put forward soon. By list some local government’s different policies to online P2 P lending platform, it represent the urgency for formal regulation rules applicable to the country. Part three elaborate the principles of legal mechanism for online P2 P lending platform and the practice of America and Britain. It starts from the concept and feature of risk, and points out institute especially mechanism is the best way of lowest cost and most efficient to prevent risk. Then it explains the reason, purpose and effect of building legal mechanism for risk preventing of online P2 P lending platform, and proves the point by the practice of legal mechanism for risk preventing of online P2 P lending platform in Britain and America. Part four expound the defects of legal mechanism for risk preventing of online P2 P lending platform within the current legal framework of China, and then put forward some propositions. In fact, the rights and obligations of risk preventing is unbalanced and the legal mechanism for risk preventing of online P2 P lending platform doesn’t play its due role, due to lack of legal mechanism for consumer to protect their rights and interests, the absence of external supervision to business model and operation process of online P2 P lending platform, imperfect of relevant supporting legal mechanism and so on. Based on this, the thesis proposes the approaches to improve the legal mechanism for risk preventing of online P2 P lending platform, by perfecting the protection mechanism for consumer and relevant supporting mechanism, defining the rights and obligations of parties involved in online P2 P lending platform.The conclusion sector speaks of some confused thinking and feelings in the thesis writing process,as well as the author ‘s understanding towards legal research. |
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