The Risk Of Creditor’s Rights Transfer Mode In The P2P Network Loans

P2P networks loans are originated in the continuous development of Internet technology, and the use of Internet technology to convey information efficiently and widespread, making the market need financing party and the party have idle funds for effective resource matching financial activities, it is a wide range of financing needs, and to rapid development of Internet technology, combined with high yield,unsecured guarantee, fast and convenient features such as loans. Along with the development of the Internet, especially the development of electronic commerce technology, p2 p lending institutions also unceasingly emerges, the size of its business growing. The risk of its status is also worthy of our study.This paper mainly divided into four parts:The first part, mainly is the definition of P2 P network lender concept.First with traditional loans and small loans the comparative analysis of P2 P network and the concept of the existing business model, pointed out that despite the current P2 P loans have not authoritative definition, but according to its nature, P2 P network Loan Company is a financial institution in the broadest sense of the term. Secondly analyze all the advantages of P2 P network loans: information fast, convenient transactions, loan threshold is low, wide range; And defect: high interest rates, high risk, credit risk, the lack of effective regulatory means.The second part, mainly introduced the current our country main existing P2 P network loan pattern, namely simple mediation, the mediation guarantee and creditor’s rights transfer mode. After analyzing the main characteristics of various patterns and the legal relationship,points out that the current P2 P lending platform, the greatest risk is creditor’s rights transfer mode.The third part, the main analysis in creditor’s rights transfer mode in current legal system under the loan creditors may face the legal risk. First put forward, and adopts the model of creditor’s rights transfer four risk may occur: legal positioning fuzzy risk of creditor’s rights transfer mode;Illegal absorbing public deposits, the possibility of raising funds illegally;Investors capital account management risk of chaos; The possibility of P2 P lending platform become money laundering. Secondly analyzes the P2 P network platform for common risk: one, the privacy of the lender and the borrower may exist leak; Second, the borrower’s credit risk; Three,the management risk.The fourth part, the author combined with the above deals with foreign regulatory experience on the basis of P2 P loans, firstly proposed to strengthen particularly for the use of credit loan transfer mode P2 P network monitoring platform for P2 P network loan. Secondly, the need to strengthen the supervision put forward specific aspects and measures.