Research On Legal Issues In Regulating Online P2P Lending Platform Operation

Online P2P lending platform is a recently emerged microcredit intermediary. Itsemergence triggers series of legal issues, but also facilitates the inter-regional flow of capitaland activates the microcredit market of China. On the basis of existing research findings, thispaper intends to analyze and resolve law issues in supervision of online P2P lending platformoperation under the guidance of “Objective Regulation”. This paper including three sections:introduction, body and conclusion.The introduction section illustrates the urgency of supervision by a case：the bankruptcywave of online P2P lending platform in October,2013. This section mainly introduces thecontext and significances of the research, relevant research findings at home and aboard,major research content and research methods adopted in this paper, innovations andinsufficiencies of this paper.The body section consists of four parts. Part one is mainly about the study of underlyingtheories of online P2P lending platform: First, through comparative research on multiplerelevant concepts, this paper clarifies the concept of online P2P lending platform and onlineP2P lending operation, finally defines the research subject. Second, categorization andrespectively discussion the operation modes of P2P lending platform at home are conductedthrough empirical research of them. Last, discuss the regulation necessity of P2P lendingplatform. Part two describes the regulation of online P2P lending platform operation, figuresout the following problems: undefined legal nature and potential risks, etc. It also probes intoproblems in the supervision of online P2P lending platform operation based on the researchesof its status quo in China. Part three introduces the progression of the online P2P lendingplatform regulation modes in England and America and the experiences from which we candraw on. Part four try to establish a regulation system in China through the study on thefollowing questions: transforming supervision principles to “Objective Regulation”, definingthe legal nature of the company which operate the online P2P lending platform, setting up market access and retreat system, reinforcing the supervision of transaction process andguiding the industrial self-regulation.The conclusion part concludes the major research findings of the thesis and reasserts theauthor’s thoughts and opinions about network lending platform.