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Research On The Platform Responsibility Of The Medium Platform Mode P2P Lending

Posted on:2016-02-01Degree:MasterType:Thesis
Country:ChinaCandidate:S ZhangFull Text:PDF
GTID:2296330467499438Subject:Law
Abstract/Summary:PDF Full Text Request
P2P is a way of lending and borrowing money through the network platform. China’s first P2P lending company was set up in June2007. After that, our P2P lending platform is rising rapidly. At the same time of the rapid development of P2P lending platform, P2P lending platform has gradually formed a different mode of development, the different models of P2P platform has also exposed different problems in the market, the question of the responsibility of P2P platform. This paper mainly studies the platform of intermediary mode. Put forward to share platform of intermediary platform mode P2P lending responsibilities suggestions based on the study on responsibility intermediary model P2P lending platform, In order to improve the better regulation of intermediary platform mode P2P lending platform.This paper is divided into four parts:The first part, this paper introduces the background of P2P platform and P2P platform in foreign countries and China’s development. Then the paper carries on the elaboration to the legal risk P2P lending exist, including the default risk of P2P platform for the intermediary model P2P lending platform bear legal responsibility to provide the premise.The second part, this paper makes analysis on the legal relationship of intermediary mode P2P lending platform, intermediary in the mode P2P lending platform, the main parties involved in the contract of brokerage relationship involved, the legal relationship of credit, the principal-agent relationship, which brokered the contract relationship is the analysis of the key platform to bear the legal liability of intermediary lending platform in P2P mode. Finally elaborated the legal obligations intermediary model P2P lending platform, pave the way for the following on the intermediary model P2P lending platform responsibility.The third part, this paper identified on the platform of P2P lending responsibility intermediary model is proved, that the intermediary model P2P lending platform not truthfully report obligation constitutes a breach of contract responsibility; then on the platform as a middle manin violation of the obligation to truthfully report the would lead to the infringement responsibility of proof; finally the intermediary platform mode P2P lending platform the liability exemption cases are demonstrated.The fourth part, this article from the four dimensions of perfect sharing recommendations, intermediary platform responsibility platform mode P2P lending are:formulate special normative documents for P2P lending platform P2P platform, clear responsibility; perfect the credit system construction; the establishment of industry self regulatory mechanism; strengthen the perfect electronic evidence of the relevant judicial explanation.Innovation of this paper is to demonstrate an intermediary platform mode P2P lending platform of the burden from responsibility research angle, finally put forward the assume of intermediary platform mode P2P lending platform responsibility suggestions, in order to solve the problems in the practice of intermediary platform mode P2P lending platform exposure.
Keywords/Search Tags:Intermediary mode P2P, the legal relationship creditintermediary, platform responsibility
PDF Full Text Request
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