The Legal Supervision System On The P2P Lending In Internet Finance

With the development of the Internet finance in recent years, P2 P lending composed of private lending and the Internet technology came into being. Domestic P2 P lending platforms have emerged and developed rapidly since 2006. The number of domestic P2 P lending institutions rapidly growing and the volume of P2 P lending platform is also growing rapidly.Due to the lack of legal system and supervision body, the Internet finance P2 P lending risk is high, so P2 P lending industry should be standardized. Therefore to clarify the legal status of Internet finance P2 P lending platform and to propose effective regulatory regime has become the key to the healthy and orderly development of P2 P platform, and it is also the key issues to be addressed in this paper.From abroad Internet finance P2 P lending legal and regulatory system, this paper analyzes the current Internet finance P2 P lending situation and the risks of Internet finance P2 P lending. And building Internet finance P2 P lending legal and regulatory regime from the perspective of financial law.In the first part of this paper we discussed the "Internet finance P2 P lending" basic scoping. In this part, the subject of this paper is defined as the Internet financial P2 P lending,then the basic theory of P2 P lending business model at home and abroad were introduced, and finally set foot on the legal relationship of internet financial P2 P lending models.The second part of this paper we propose the necessity of P2 P lending supervision in China. This section analysis the risks of Internet finance P2 P lending at first which including:legal risk refers to the non-standard mode illegal P2 P lending, causing P2 P platform may be suspected of criminal risk; liquidity risk, showed no precipitation funds management specification, mainly misappropriated funds from the P2 P platform and assume financial stress caused to advance; credit risk, mainly in the borrower can not repay debts. Then,analyzed the causes of the risks, including: the lack of legal system; the regulatory body is not clear; the lack of main trading rights protection mechanisms; credit system is imperfect.The third part is an introduction to foreign Internet finance P2 P lending legal and regulatory regime. This part analysis the British and American legal and regulatory system for P2 P lending in terms of the legal system of supervision and regulatory mechanisms andcomparative of the two. This part proposed legal supervision of British and American P2 P lending significance in China, mainly British industry self-regulation sound system and the American focus on financial consumer protection.Learning from foreign experience in P2 P lending regulation and based on the actual situation of Chinese Internet finance P2 P lending, in the fourth part of this paper, we discuss the construction of Internet finance P2 P lending legal and regulatory system. This section presents recommendations from five aspects, including: adhere to regulatory principles on the bottom line of principles, norms and innovation in parallel; clear regulatory aspects of the regulatory mechanism of the body, to coordinate regulation and to build an orderly regulatory system, emphasizing industry self-regulation; improving the regulatory content market access and exit mechanism, dynamic continuous supervision on business; Establish the credit system,from improving financial consumer protection legislation, the establishment of Internet financial consumer protection and strengthen consumer education strengthen market participants The rights protection.Through the legal analysis of Internet finance P2 P lending model, and analysis Internet finance P2 P lending risk and causes of its risk, from the perspective of legal and regulatory mechanisms studied and analyzed the domestic P2 P lending regulatory system, At last we give advice on constructing legal and regulatory system of P2 P lending to the booster the growth of P2 P platform, so that P2 P platform can play its role in the financing to small and medium enterprises and individuals as much as possible, and to serve the real economy better.