A Study On The Legal Issues Of Network Lending Platform

In recent years, China’s credit market demand, the folk finance to speed up the pace of development,combine with modern Internet,network lending platform arises at the historic moment. Broke the traditional mode of borrowing,lending platform can meet the financing needs of small and medium-sized enterprises and individuals,the credit markets. However,every financial innovation will be accompanied by some problems. In terms of lending to network platform,it aroused financial consumer rights consciousness,but its lack of legislation,legal status,regulatory body loss, make its operation behavior out of the grey zone; Lending platform and network operation mode is differ,each platform qualification the good and bad are intermingled,make the loan risk,need more powerful regulatory measures; In addition,lending to network platform and related system of cohesion between also has many problems. In order to reduce the legal risks,make the network borrowing took to the track of standard operating platform,must be the corresponding regulation measures in a timely manner. So,in order to further reduce network platform could cause the financial risk of loan risk,and the benign development of the industry, overall supervision must be clear train of thought,to speed up legislation to clarify its legal nature,improve the operation mode,perfecting the regulation. This article is divided into four parts. The first part,the overview of the legal nature of lending to network platform, including its present situation and technical condition and market environment, dependent on borrowing through the network platform compared with other borrowing,lending to clearly define the network platform and its social functions and legal status,further analysis of the the impact of changes to the existing financial rights. The second part- borrowing overview of the mode of the network platform. Main contents are: first,the domain of borrowing the internal and external network platform operation mode and its characteristic,and compare the domain inside and outside the platform of existing problems,summarize our country network lending platform operation problem. Second, a series of legal relationship lending platform to investigate, for the legal relationship of borrowers and lenders and borrowers and the legal relations between the intermediary platform,lenders and third-party payment platform,etc. The legal relationship. Third,through the comparison of network lending platform operation mode at home and abroad,summarizes the problems of all kinds of operation mode and experience. The third part,the risk of lending to network platform regulatory overview. First,this paper introduces network lending platform of various types of risks, including credit risk,technical risk,compliance risk,etc. Second,the analysis of the current our country network platform all kinds of risks existing in the operation of the loan. Third,to analyze the risk of network platform loan regulatory issues and the cohesion between platform and related systems. The fourth part,improve the system of associated with lending to network platform design. First,summarized our country network lending platform system improve the overall train of thought and further improve net credit platform specific measures are put forward. Second,clear the legal nature of lending to network platform. Third,improve the network lending platform running mode, clear the mode of the appropriate lending to our country network platform and the relationship between rights and obligations between the parties. Fourth, perfect the supervision system of lending to network platform,clear regulation subject and regulation.