Research On The Legal System Of P2P Lending

P2P Lending as a kind of new lending patterns appeared in the UK in2005, relying on the development of Internet technology, widely spreads throughout the world and rapidly develops. P2P Lending entering our country in2007, it has injected new vitality for our country financial markets, and provided a new way to personal credit for consumers and small micro enterprise financing, which makes it becoming popular. But P2P Lending is new in our country. On the one hand, there are the disadvantages of Identification of fuzzy, absence of law, lack of supervision. On the other hand, unified credit system which is closely associated with the lending patterns has not yet been established in our country, which makes the development of P2P Lending in our country faced with many new problems, and hindered the further development of the lending industry in our country. This article analyzes the legal relationship and legal risks in the new lending pattern, combining with the existing of foreign experience in the legal system design of the P2P Lending, to explore the effective way to perfect our legal system of P2P Lending.This article is divided into four parts. The first part is about the overview of the P2P Lending legal system, this paper introduces the definition of P2P Lending, especially the meaning in our country, the characteristics of P2P Lending, the general situation of domestic P2P Lending legal system and the shortcomings. The second part detailed introduces the three kinds of legal relationship in the P2P Lending, and analyzes the legal risks existing in the P2P Lending from the borrower, the lender, the Intermediary institutions. The third part mainly introduces the outside experience P2P lending and the enlightenment to our country. It introduces the P2P Lending legal system of the United States, Britain and France from the subject, the mode and the substance of the supervision. The fourth part is to suggest the improvement of our P2P Lending legal system, including clarifying the legal status of P2P Lending industry, determining the substance of supervision in the P2P Lending, strengthening the information disclosure obligation of P2P Lending platform, setting up the access, risk control and exit mechanism of the P2P Lending, and reinforcing the protection of consumers.