| As an innovative financial mode combining internet with finance, P2 P network lending has broken the geographical and space limitations of traditional financial institutions during the process of resource allocation. It has improved the allocation of financial resources and mitigated financing difficulties to a certain extent, which has become a powerful supplement of the financial industry. Since the introduction of this mode in 2007, it has arisen the enthusiasm of people immediately. Especially in recent years, P2 P network lending platforms are showing strong growth throughout China in full swing. However, following Anglo-American modeof development in China has been severely impeded due to lack of credit reporting system and the unsoundness of interrelated legal institutions in our country. In order to meet the needs of the environment, many entrepreneurs have varied and innovated the P2 P network lending mode, and thus developing a P2 P network lending mode with Chinese characteristics. Whether copying foreign modes or varying the pattern, due to the influence of factors like the external environment and improper behavior of many subjects in P2 P network lending, this emerging business mode has faced multipal legal risks, which has hindered its sound development. In order to reduce legal risk and promote P2 P networklending platform towards a sounddevelopment path, it is very necessary to control the legal risks. Based on the introduction of development, basic modes and legal characters of P2 P network lending in China, this thesis makes the research on its potential legal risks and puts forward the corresponding countermeasures according to the causes of legal risks.This paper is divided into three parts:The first part eleborates on the basic conditions of the P2 P network lending. First of all, it clarifies the basic concept of P2 P network lending. Then, it analyzes the status quo of development of P2 P network lending as well as its variations in China., which respectively introduces the status quo of development of P2 P network lending both at home and abroad as well as its main operation mode, and mainly explains the variations of P2 P network lending produced in order to adapt to economic environment of China. At last, the thesis focuses on the analysis of three main varied modes of P2 P network lending in China, they are simple platform mode, guarantee payment mode and assignment of debt mode, and makes the brief introduction on each operation mode and nature.The second part makes analysis on the causes of legal factors of P2 P network lending from three aspects, mainly influence of environment, status of subjects and variation mode of P2 P network lending respectively. Among them, factors of environment mainly includes influences of legal environment, social environment and network environment. Factors of status of subjects mainly will cause legal risks due to the unidentified status of borrowers and unclear position of platform. The factors of behaviour of actors include consequences causd by acts or omissions of borrowers, lenders, platforms, sponsors and other subjects. P2 P network lending mode variation discusses the potential legal risks caused by guarantee and assignment of debt. In the third part, the thesis combines the causes of legal risks mentioned in the second part and proposes the suggestions on control of risks. With regard to the legal risks resulting from environment factors, it puts forward that legal and regulation system of P2 P network lending should be improved, credit reference system should be updated and the protection of privacy rights of both borrowers and lenders should be strengthened. In light of legal risks caused by factors of status of subjects, the thesis proposes that people should be strict with audit before loans, follow up the management after loans, define the legal charactors of P2 P network lending platforms and strengthen the management of intermediate capital account. As for legal risks of factors of behaviour of actors, anti-money laundering and establishment of self-discipline organization should be conducted. Last but not the least, for legal risks produced by variation of P2 P network lending mode, the thesis brings forward that measures of control of risks should be set in terms of differentiated access as well as regulatory polices. |
PDF Full Text Request