The Main Risks And Countermeasures Of Internet Loan & Lending Platform

Internet loan & lending platform is a product of the combination of financial and Internet technology. Its basic operation involves three parties: the lender and the borrower, the net loan & lending platform.The whole process of the transaction is like this:the lender puts the money on the net loan platform,then the platform transfers funds to the borrower, the borrower repays principal with interest back to the platform in accordance with the loan deal agreed repayment period and measure.Then according to the rules of deduction of management fees,the platform transfer funds to the lenders. The recognization of the platforms should not only stay in the “loan&lending on the Internet”, its profound meaning should be the use of new technology and center removing as the guiding ideology for the flattening of the financial intermediary, thus changing the risk communication mode, so that the use of funds is more efficient and convenient.Without participating in every single loan transaction to change the mode of risk transmission in the indirect financing, is the essential characteristic of net loan & lending platform risk infection. However, this does not mean that there is no danger in the platform or to completely get rid of the risk management. On the contrary, nowadays,net loan & lending platform breaking down or escaping happen frequently,as the relevant regulatory rules are not clear, the levels of risk management of different platforms also have very huge differences.This paper takes the typical current net loan & lending platforms as the research object, to reveal the legal risks of this financial innovation, and put forward the corresponding countermeasures.The first part is the basic theory of P2 P network loan & lending platform. This part expounds the concept and characteristics of the net loan & lending platform, describes how the platform should be.Secondly, in this part,the paper introduces the development of net loan & lending platform briefly, summarizes the platform transaction modes and the modes of legal relationship, so as to show the current developing situation of the net loan & lending platform.The second part reveals the main risks of P2 P loan & lending platform. On the basis of clarifying the main legal relationships of the net loan & lending platform,in this part we reveal legal risks of platforms in each transaction mode in detail.The third part put forward countermeasures to the risk of P2 P loan & lending platform.According to the risks of the platform revealed in the second part, this part suggests to explicit the information intermediary position for the platform, setting the platform access threshold for the platforms and transaction process to regulate the platforms, to improve the platforms’ risk management level. Meanwhile,we also propose to improve the digital credit system in the macro view,in order to carry out the proposals.