Discussion On The Problem Of P2P Network Lending Cooperate With The Third Party Guarantees

Network lending, which is a new type of private lending mode based on the network platform, which effectively combines the advanced Internet technology, e-commerce technology, financial service mode and lending capital markets. This credit model does not rely on traditional financial institutions, however, with the help of the platform, borrowers and lenders can complete a business transaction. Because of its flexible, fast and convenient advantages has been rapid development. This model can meet the financing needs of individuals and small and micro enterprises and also for the improvement of the social credit system and the utilization of idle funds of the society. Along with the reform and innovation of the financial system of the state, lending network as an effective form of folk financing, in the process of the rapid development, platform operations, risk control and payment ability appeared different problems and crises, with these problems, P2 P cooperate with the third-party guarantees, and whether there is a need for the cooperation with the third-party guarantees, and how to introduce the third party guarantee become points of dispute. In this paper, for currently network lending, platform, investors and guarantee institutions, through analyzes their characteristic, point out the status and problems of the development of P2 P in our country, and the loan and the borrower behavior information, analyze the guarantee institutions ’s operational risks, combing the existing mode of P2 P s’ cooperation with the third-party guarantees and relevant legal relations. Stand on the point of platform, debit and credit sides and the guarantee, Analysis and demonstrated currently the shortcomings and significance of the lender introduced the third-party guarantees to P2 P network lending, and puts forward some improvement suggestions.The introduction first start from the value and significance of the topic, sort out the development status and problems of P2 P, and enumerate some relevant scholars and experts’ views on the cooperation of P2 P and third-party guarantee, and list the related literature. Pointed out the main research method in this paper, and introduce the structure and context, as well as the innovation and inadequacies. On this basis, further elaborates the definition of P2 P and the third party guarantees and the theoretical background of this article.The first part focuses on P2 P platform, illustrates the development value, current situation and difficulties, summed up the characteristics of China’s lending network, platform and the security company, and analyzes the related legal relationship involving P2 P and the third party guarantee, pointed out the feasibility and value of the borrower introduce the third-party guarantees into P2 P.The second part mainly analyzes the influence of the introduction of third-party guarantees. The introduction of third-party guarantees has important significance and practical effect, we must affirm its positive meaning of P2 P industry, not only can stimulate P2 P platform improve its operation level and safety, but also protect the interests of investors, and play an important role in promoting the development of the entire P2 P industry. At the same time, there are still many inevitable problems. It may affect the platform’s independent position of information intermediary, and over guarantee will also lead to a lot of problem. Causing investors depend on the security by guarantees, and lose their rational judgment. Moreover, it also adds cost of financing for borrowers.In the third part, through summarizing the preceding theoretical analysis and demonstration, analyzes the introduction of P2 P security model. And through the analysis of relevant laws and opinions, to further clarify the regulatory opinions and attitudes of the regulatory bodies, from both sides clearly we still need some improvement in the related system mechanism. First, pay attention to and strengthen the risk control of platform; second, the risk management and internal control of Guarantee Corporation should pay attention to in P2 P guarantee. Thus draws the following conclusion: through the lender to introduce the third party Guarantee Corporation into our P2 P network lending is feasible and useful, but at the same time,we also need to pay attention to risk prevention it caused by.