Study On The Legal Regulation Of Peer-to-Peer Lending In China

When the industries confuses on how to trade with the“internet+”, the“internet+private lending” has appeared, setting off the net loan boom.In August 2007,P2 P lending platform officially made landfall in China, which showed explosive growth.When the peer-to-peer lending model has been recognized by the market and keep the rapid development, the platform identity blurred, the risk accumulation and the lack of supervision of P2 P lending have appeared. The scholars and participants who concerns peer-to-peer lending hope it would be regulated by the legal supervision system as soon as possible. In order to prevent the chaos of peer-to-peer lending and protect the healthy and sustainable development. The regulator should maintain prudential attitude to peer-peer lending and keep enough space for the self-regulation and the self-growth of nascent industry, recognizing the legitimacy of the creative industry.The first chapter is the basic theory of peer-to-peer lending.Firstly,the writer explains the concept of the P2 P lending is inconclusive,and the the essence of the P2 P lending has been considered the innovation of the private lending. Secondly, this part summarizes the features of the P2 P lending such as low threshold, wide covering range, convenient transaction procedures, high risk, high yield. Then the writer introduces the rise and development about the P2 P lending. In the end, the writer analyses the difference between the peer-to-peer lending and the other lending institutions.The second part introduces the modes and risk of P2 P lending. The writer divides the modes into four major types according to the role of the platform: the pure intermediary type, the compound intermediary type, the non-profit type of P2 P lending.Meanwhile,this part analyses the risk of P2 P lending caused by the lenders,the borrowers,the platform and the secured party.The third part analyses the experience and the enlightenment of the legal regulation of P2 P lending in America and in Britain. The experience includes the legal status,the transparent information, the protection of investor, the legal debt collection, the law enforcement supervision, and the sound credit system.The fourth part is the core part. On the basis of the introduce of the part one,two and three, combining the more comples and diversified operations of the P2 P lending modes, the writer presents classified supervision of the peer-to-peer lending,the sound credit system and the self-regulatory organizations.