| With the development of the Internet and the credit environment, the connectionsbetween people beyond the narrow circle of acquaintances society. Using the networkplatform can provide opportunities to a lot of cross-regional capital suppliers anddemanders to trade, also can better meet the market demand. In this case, the P2Pnetwork credit service platform arises at the historic moment. In recent years, China’sP2P network lending service platforms develop very quickly, and become one of thenew things with widespread concern. Nearly two years, however, news about the P2Pnetwork services platform collapse, its owners run away is always in our ears. Becauseof P2P network lending service platform in China is in a state without examination andapproval before hand, nor supervision and regulatory after. There are so many problems,such as, low threshold of market access, multifarious operation types, without capitalflow monitoring, optional personal credit risk assessment, pool insufficient regulation,high illegal fund-raising and money laundering risk and so on. This has brought greatnegative impact on the whole market economy and social stability. Therefore, the lawregulation of P2P network lending service platform has been becoming a currentimportant problem to be solved.Besides the introduction and conclusion, this paper mainly consists of five parts:The first part is about the overview of P2P network lending service platform. Firstof all, I introduce the basic theory of P2P network lending service platform from theconcept, historical evolution, operation mode, function, legal attribute aspects. Secondly,based on the empirical research of P2P network lending service platform in our country,I introduce the current development and the existing problems of P2P network lendingservice platform.The second part demonstrates the necessity of legal regulation of the P2P networklending service platform. First of all, it is necessary to control the operational risk ofP2P network lending service platform, to prevent illegal fund raising, money laundering,illegal disclosure and abusing of personal information. In addition, the protection ofcreditors legitimate rights, maintain consumers’ personal information security, socialpublic interests, and accurate perspective of national macroeconomic regulation andcontrol policy of our country also call for the legal regulation of P2P network lending service platform.The third part analyzes the defects in the legal regulation of the P2P networklending service platform. To begin with, the law qualitative of the regulation object, P2Pnetwork lending service platform, is not clear, and so as the regulatory agencies andtheir responsibilities, and guiding principles. Besides, the market access threshold of theP2P network lending service platforms is too low. regulatory deficiencies on thebusiness, financial security, information disclosure, anti-money laundering and personalinformation protection. The exit mechanism is also not sound. Moreover, the imperfectcredit system and self-discipline supervision are not perfect enough.The fourth part introduces the P2P network lending service platform’s legalsupervision experience in outside. Applying the method of comparative study, this paperintroduces P2P network lending service platform legal supervision outside experience,mainly in America and Britain. First points sections respectively to the United States,Britain, where P2P network lending services platform developed earlier. Second,summed up the outside advanced experience which is worth for our using, such asdefinite market access conditions, full disclosure, strict requirements of the customercapital separation of custody, etc.The fifth part puts forward specific measures to improve the legal supervision ofP2P network lending service platform in China. First of all, I make it clear that the P2Pnetwork lending services platform is one kind of the intermediary service agencies, anddetermine the corresponding regulatory agencies and regulatory principles. Second,from three aspects, P2P network lending service platform market access, operating andwithdrew, I introduce the legal regulatory measures. For example,P2P network lendingservice platform should be carried out loan customer funds for its separationmanagement, do information disclosure, set up the anti-money laundering system, setup the personal information protection and technical safety regulations. Third,combining the reality of our credit system, puts forward the concrete measures ofperfecting the credit system construction of P2P industry, such as guiding the dockingP2P network lending service platform to bank credit reporting system, giving play to therole of commercial agency. Also we should perfect the self-discipline supervisionmeasures.P2P network lending service platform plays an important role in promoting privatelending loan sunshine, meeting the small and medium-sized credit capital demand,and perfecting financial services system in our country. Research of this paper is intended provide some reference to improve the P2P network lending service platformlegal regulation, to guide the P2P network lending service platform’s normativedevelopment, to active capital market and add vitality to the development of marketeconomy in China. |
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