Study On The Legal Problems Of P2P Networks

P2P networks are a new type of quasi-lending financial model, in 2007 it began to rise in our country.P2P networks lending means no deposit-run website, not borrowing, only as an intermediary platform, providing information and opportunities for both lenders and borrowers.It is a form of private lending, which aims to help people looking for financing capital needs opportunities or people who have investment demand for investment opportunities. Net loan appears to some extent compensating for the vulnerability of traditional bank lending to help small and micro enterprises who have credit difficulties, ease their financing difficulties of the situation. This model appears to be very good, both active in the credit market of China and giving money to those who need help, but it can not cover the risk of P2P networks hidden risks, such as a lack of industry standards and regulatory law, there is no legitimate legal status. Lack of personal credit system to bring the credit risk of illegal fund-raising class might have hit crime. The net loan management platform itself vulnerability could lead to a lot of money outside of the regulatory diverged, and even money laundering and other criminal acts. In order to develop a more secure loan, reduce the possible risks, our country should introduce for the P2P net loan laws and regulations, the relevant departments should also be incorporated into the regulatory system.In this paper, four parts, from different areas to study the legal issues of P2P net loan.The first chapter is the presence of the legal nature of P2P net loan to sort out, through analysis of the nature of the subsequent further analysis of P2P net loan basis.The second chapter is P2P net loan for the legal relations that exist to analyze, through the legal P2P lenders, borrowers, P2P net loan platform and the relationship between the third party payment platform. To prepare the ground for the analysis of the text of the validity of the contract issues.The third chapter is net loan crime and illegal fund-raising studies class, which is the first quarter of the current legal definition of the crime of illegal fund-raising class research as a foundation for the second quarter. Section Ⅱ Class crime and illegal fund-raising in the P2P net loan comparative analysis to identify illegal fund net loan and class boundaries crime. Net loan obtained through a comparative study of crime and illegal fund-raising class or have some differences, also found that if the P2P net loan illegal kangaroo "capital pool" is likely to hit the crime of illegal deposits from the public, if the borrower does not repay borrowed money,these heavily malicious operations may involve raising fraud.The fourth chapter is a P2P civil liability regulation, this chapter focuses on how to better protect and regulate problems in net loan. Its first section is a clear legal status of P2P network loan, this section is divided into two parts, the first part of the hope that the introduction of laws and regulations for the development of private lending, and its elaboration. The second part is to determine the identity of the subject of private lenders. Section through the improvement of P2P net loan risk assessment mechanism and improve P2P net loan risk external regulatory body and clear the contents of external regulation can P2P net loan be helped to build an external monitoring system, formulate regulatory rules.The full text of the concluding part of the research of the sort, view a summary of this article.