Study On The Legal Risks And Countermeasures Of P2P Platform

With the continuous development of Internet banking and private lending market continued popular, in the government encouraging financial innovation and financial inclusion policy guidelines and our P2 P network lending platform developed from the first to3769 by the end of 2015. P2 P network lending as a new model of lending, to its low threshold,high profit, is simple, convenient, fast and ultra broad coverage of unique charm, crowding out a large number of private lending market, and presents a kind of explosive growth. But due to P2 P network lending platform as a new thing and the legal regulation of the hysteresis characteristics, the current development of the industry as a whole in disorderly chaos in a risk riddled, coupled with our P2 P network platform through the baptism of the market, the alienation of the various modes of lending, and the formation of the concept of fuzzy multiple "financial products " on the basis of these patterns. All of these lead to the increased the risk,thus seriously disrupt the China market order and social stability. The analysis in understanding the concept of P2 P network lending platform, origin, based on the history,development, study the main features of the P2 P platform and value, summarizes and analyzes the basic modes of the various P2 P network lending platform, in support of the basic theory, this paper from the current state of China’s practice of Thinking on the face of the main legal risks, and tries to combine the foreign experience in P2 P platform regulation, so as to explore the P2 P network lending platform in the risk response measures, in order to build with Chinese characteristics of P2 P network lending platform regulation system put forward their own proposals. In the five chapter:The first chapter is the introduction part. This part is divided into three sections,respectively introduces the topic origin and the research significance, research status at home and abroad on this topic, and research methods this paper used in research in innovation.The second chapter is about the basic problem of P2 P network lending platform. First of all, the author from the practice of the current situation of our country, the concept of P2 P network lending platform is defined, and a brief introduction to the basic theory of P2 P network lending platform generated and realistic foundation, and its emergence from the birthof the first P2 P network lending platform in the UK, as well as its main business model in the United States, to the alienation of the P2 P network lending platform in China, reviews the history of the P2 P network lending platform; secondly, in the analysis of the P2 P network lending platform wide coverage, innovative lending model, based on the three main features of high risk and high profit and the deposit, the author from micro and macro the angle describes the reduction in investment and financing barriers and transaction costs involved in all types of building grassroots finance, so as to improve the use of social idle funds rate, to achieve the Pu Huijin The important value of melting and its indispensable status in the beneficial to the people’s livelihood in. Finally, some basic patterns of the P2 P network lending platform in the development process of the practice at home and abroad made a brief introduction.The third chapter is the analysis of legal risk on the P2 P network lending platform. The P2 P network lending platform in the actual operation of China’s existing legal risk of the sort,mainly including P2 P network lending platform operates its own risk, lend people money the risk and the risk of credit guarantee and so on. P2 P network platform of their own business risk, the author mainly introduces the compliance risks involved before and after the introduction of relevant laws and regulations and the due to lack of stable market foundation and other reasons caused by other operating risks. Then the author introduces the intermediate account due to lack of supervision, the borrower’s credit risk and P2 P platform for business risk management and no stop borrowing to the lender funds security risks. In terms of the risk of credit guarantee, the author mainly from two basic guarantee mode of are described respectively in the third party guarantee mechanism of guarantee, credit risk and P2 P network lending platform for the establishment of risk reserve model of credit guarantee risk. In addition, the author also exist in the actual operation of the P2 P network lending platform lenders use the platform engaged in money laundering risk, loan and borrower of personal information security risk, electronic contract is difficult to verify difficile true cause caused by the evidence of risk and professional lending risk and other risks that one analysis.The fourth chapter is the comparison and reference on the P2 P network lending platform foreign regulations. In this chapter the author mainly introduces the P2 P network lendingplatform in the UK industry supervision as the regulation system and the United States mainly to the administrative supervision strictly based P2 P network lending platform regulation system. In the regulation system of comparative study, the author on the basis of this, put forward the significance of Anglo American regulation system in china.The fifth chapter is about put forward the regulation system of the P2 P network lending platform of china. The author mainly from three aspects according to the above risk coping strategies, puts forward a P2 P network lending platform regulatory proposals. In the construction of legislation, the author suggests to improve the P2 P platform for market access and exit mechanisms, establish and improve the personal information protection law,perfecting the legal system of anti money laundering construction, perfecting information disclosure system. In the aspect of judicial remedy, the author mainly from the authenticity of electronic data identified, identification of parties, the amount of the claim, the general jurisdiction and relates to the third-party guarantor of the jurisdiction of civil and criminal case crossing first criminal people or ancestors after penalty problems described. In terms of social construction, the author from improve industry self-regulation organization status, the establishment of independent social credit system and strengthen the construction of Internet financial ethics put forward their own ideas and suggestions.