Research On P2P Lending Legal Regulation System In China

P2P lending is "Peer to Peer" or the abbreviation for "Person to Person, is to use the Internet financial thinking, through the P2 P lending registration in accordance with the information platform to provide intermediary services to both borrowers and lenders directly to complete the online trading process of a kind of informal lending.This informal lending patterns include three subjects: one is the borrower, second, lenders, 3 it is lending to P2 P network platform.Lending to borrowers and lenders constitute legal relationship, this is the fundamental legal relation of P2 P lending.Lending to P2 P network is the important supplement of traditional financial, at the same time, P2 P lending also active folk lending market.At present, our country adopts the regulatory philosophy, gives a definition of P2 P lending platform for information intermediary, this leads to the alienation of P2 P lending patterns exist great compliance risk, the main reason is that our country most P2 P lending platform not stick to the nature of the information intermediary, has a different degree in financial business, this means that in the process of gradually perfect the supervision system in China, these not intermediary platform will face corrective or of the nature of the fate of the transformation.At present, the "about promoting the healthy development of the Internet financial guidance" and "network borrowing information intermediary business management interim measures(draft)" and other regulatory policy releasing, the heralds the P2 P lending industry in our country is facing a new round of reshuffle.Before regulatory rules introduced in this article, we will, therefore, the main mode of P2 P lending platforms in China and the main legal risk analysis, P2 P lending in China the status quo of legal regulation and the insufficiency, draw lessons from foreign experience in regulation, tries to find the perfect effective path of P2 P lending legal supervision system in China.Besides preface and epilogue, this article mainly divides into four parts:The first part is summary of P2 P lending. This part of the concept, legal characteristics of P2 P network loans are analyzed, in order to make clear the essence of the P2 P lending, and then based on the accurate grasp of the concept of pure mediation patterns are analyzed, the creditor’s rights transfer mode and guarantee, emphasis was on the compliance issues of all kinds of operation mode, leads to the P2 P network borrowing main types of legal risk and its causes.The second part is the insufficient legal supervision status and P2 P lending in China. This part in the regulatory status quo, on the basis of the shortage of the supervision system in our country, there are regulatory agencies is not clear, lack of market access and market exit mechanism and dynamic regulation does not reach the designated position four aspects of the problem, it pointed out the direction for perfect regulatory advice, is conducive to further later.The third part is the P2 P lending legal supervision system and enlightenment. This part mainly introduces the supervision system of Britain and the United States, highlighting both Britain and America different regulatory thinking and regulatory pattern. The behavior regulation for the idea, by the United States long regulation and the regulation of the coexistence of unified supervision mode; While the British government function to determine the specific regulatory body, at the same time, the British industry self-discipline organizations play an important role in the regulation, the government regulation of beneficial supplement. In the two different regulatory experience, this paper sums up the suitable for regulatory system in China, emphasizes the importance of our country should strengthen industry self-discipline supervision.The fourth part is to perfect legal supervision system P2 P lending in China. The parts to the guiding opinions on promoting the healthy development of the Internet financial, combining with the experience of regulation both Britain and America, aiming at the existing problem of P2 P lending legal regulation of our country, from two dimensions of government regulation and industry self-discipline supervision Suggestions to consummate the opinion, including regulatory agencies, market access standard, the market exit mechanism, information disclosure system, depository system, personal credit system and industry self-discipline organization of perfect recommendations.