Research On Legal Supervision Of P2P Network Lending In China

P2P lending is a personal financial services to individuals. Its use of emerging network technology, low cost, high efficiency of the allocation of credit resources, investors and financiers, and access to a certain intermediary commission. P2PInternet lending as a form of Internet banking, so that investors and financiers are able to better enjoy the inclusive financial policy. On the one hand, investors can convenient and high-efficient use idle funds to finance and investment, and obtain a relatively higher interest income. On the other hand, the financing can quickly obtain funds to meet the financial needs. However, the rapid development of P2P network lending at the same time, but also exposed the relevant laws and regulations are not sound, the lack of effective regulatory mechanisms. Especially in the financial environment of China’s financial repression, P2P network lending appeared alienated situation, deviated from the pure intermediary nature of P2P network lending, leading to the emergence of network lending platform on foot, fraud and other issues. So research on P2P network lending differentiation and formation mechanism, and puts forward the effective legal regulation, so that our P2P network lending industry healthy and orderly development, but also in this paper to solve the problem focus.This paper consists of four parts:The first part is the overview of China’s P2P lending network. First of all, expatiated on the P2P network lending development situation, characteristics and value. Then, analyzes the operation mode of pure intermediary type, security type, transfer of creditor’s rights P2P network lending and legal relationship.The second part discusses the legal risks of Chinese P2P lending and regulatory status. Discusses the legal risk and supervision of the status quo of China’s P2P lending to borrowers, lenders, P2P network lending platform and the third party guarantee institutions and other four categories of legal subject.The third part discusses the reasons of China’s P2P network lending legal risk formation. The formation of our P2P network lending legal risk mainly includes:the legal system of private lending, the lack of credit system is not perfect, the irrational behavior of investors and network lending platform and legal supervision of the deletion.The fourth part discusses the foreign lending P2P network monitoring system. Discusses the legal regulation of foreign P2P networks lending aspects respectively from the risk control, credit rating, customer information protection and industry self-discipline organization etc..The fifth part discusses the risk control of the borrower, the lender, P2P network lending platform and third guarantee agencies four kinds of legal subject and legal supervision suggestions.