Legal Risks And Regulations Of P2P Lending

P2P lending is a private network to achieve financing of new forms of Internet banking. Network lending platform is responsible for the borrowers and lenders to provide financing information, assess the creditworthiness of borrowers and lenders, to avoid the traditional financial institutions intermediate links, facilitate direct lending transaction, a borrower with the lender. P2P network lending platform by successfully matching lending transactions, charge a service fee based on transaction amounts and transaction rates as a platform for working capital and achieve profitability. P2P lending is the product of foreign financial innovation, entering the country since 2007, has created a lot of Chinese economic characteristics of network lending model. For example, credit transfer mode, mixed mode, a third-party guarantee mode. The rapid expansion of the scale of the P2P network lending, on the one hand reflects the prosperity of private lending market, it also generated a lot of legal risk and legal issues. By analyzing the legal risk and legal problems of P2P network lending platform, put forward feasible suggestions for China’s Internet industry’s healthy development lending and legal risk regulation. Paper consists of three parts:The first part introduces the basic concepts of P2P network lending. Legal analysis of the properties of the network lending platform based on its definition and basic operating mode, and summarizes the characteristics of the network lending. The central bank of China’s information network lending platform positioned as intermediaries, the author through analysis of the P2P network lending diverse new business models that its information agency legal status in line with China’s national conditions, it should be a comprehensive assessment of its role in the financial markets in order to obtain scientific in conclusion. Also in this section also reviews the legal network of relationships inherent in lending. Our P2P network lending includes lending contractual relationship, the contractual relationship intermediary, guarantees the contractual relationship and claims the contract of assignment.The second part of the legal risks of P2P lending network analysis. This article focuses on the legal risks intermediary network lending platform triggered the qualification, the legal effect of the risk of lending network contract, assignment of claims triggered by the network model of borrowing and the risk of illegal fund-raising network model loan guarantee legal risks.The third part is the legal regulation of P2P network lending Improvement. Through the first three parts of this paper, the basic theory of P2P network lending presentation, business model study, after combing the legal relationship and legal issues discussed in this section for legal P2P network lending risks presented corresponding countermeasures, that the law should be clear P2P networks development of private lending legal norms network lending subject qualification, business scope, business model, and should clearly legitimate network lending and illegal fund-raising limits; the introduction of a separate financing guarantee company to protect lenders financial security; establishing the legal status of borrowing improve the credit system to solve the network lending asymmetric information problems, prevent financial risks.