Peer To Peer Lending Risk Regulation On Legal Issues

In recent years, the private economy as an important part of the national economy, due to the impact of the national policy of financial repression, resulting in a serious lack of production funds and into the plight of a large number of small and micro enterprises have been forced to exit the market. And in the major state-owned commercial banks under the leadership of the central bank, is also driven by their own interests tend to lend to large state-owned enterprises under the ownership and consistent bias for small and micro businesses and private individuals are very cautious performance. At this point, with the rapid development of the Internet industry, the economy has become a national economy upstart, relying on a of private financing in the form of new loans generated--P2 P lending. It appears as a much-needed funds and the lack of financing for private enterprise and individual and society but the people have a lack of investment channels idle funds provide financing channels. Because P2 P lendings to meet the borrowing needs of the financial markets, so that in just a few years it has achieved great development. But what is worrying is the P2 P lending in the booming lending occasion, there have been a lot of problems. Because of China’s financial policy of repression and suppression immature credit system, making the P2 P lending to adapt to the environment of borrowing at the time it was introduced into China some mutation occurred. In order to prevent P2 P lendings continue to abnormal development lending, while ensuring its full play to the role of formal financial useful supplement, we must a scientific and rational way to set legal regulations.This paper is divided into three parts:The first part is an overview of P2 P lending platform. Introduces the concept of P2 P lendings loans platform features, and as a private financial in nature. Next, locate the line of sight to the country, in our analysis of the reasons for their produce, as well as appearing in the development of the domestic nature of alienation. On this basis, further analysis of the relevant legal relationship before trading platform after the alienation and alienation involved.The second part is a P2 P lending platform operations sources of risk analysis, and explains the current regulatory status quo. From the perspective of the main sources of risk of departure, in-depth analysis of the risk of net loan platform itself, borrowers and lenders in lending activities that may arise. At the same time, to clarify our current network for P2 P lending platform regulatory body, legislative and regulatory status quo defects, provide the basis for regulatory measures of P2 P lending platform.The third part is the design of P2 P legal countermeasures lending risk prevention. First, as a platform for regulators to set the regulatory body; after the specific design of the system, set the platform for the bottom line regulation and classification regulatory system as a platform designated red, practicing different types of P2 P lending platform implementation of different regulatory measures to achieve targeted reasonable regulatory measures in place; the introduction of secured financing mechanism, eliminate the platform to protect themselves and reduce the risk of the platform; at the same time improve the platform of information disclosure, strengthen self-discipline construction, joint supervision mechanism inside and outside the industry. Furthermore, raising investors’ risk awareness, increase publicity and education investment risk.