| P2P network lending(Peer to Peer Lending) is the financial innovation in the Internet as one of the most active mode, which was born in Britain in 2005 a company called ZOPA(Zone of Possible Agreement) Internet Co. After more than 9years of development, P2 P network lending from Britain and other countries to the development of the world, China is already became the P2 P trading volume on the "top of the world". According to the P2 P net loan to third party information platform net loan home to the latest release of "2014 China Internet lending industry annual report", as of the end of 2014, P2 P net loan platform has reached 1575, the annual turnover of 252800000000 yuan for 14 years, and the number of trading platforms were far more than the United Kingdom and the United States P2 P started earlier the country. in the country to meet the huge demand for investment and financing at the same time, the supervision of laws and regulations have not kept pace with the constantly, only in December 14 appeared in the 92 platform. This paper based on the introduction of domestic and foreign history of the development of P2 P network lending, Combined with the British and America advanced supervision idea and the legal system, analyzes the main industry business model and the legal relationship in the P2 P net loan in our country has not yet been background for regulation of specific laws and regulations, and puts forward some suggestions to improve the present, lack of legal and regulatory.This article can be divided into the following four parts:The first part, the definition of the concept of P2 P lending network and its historical development. The first part defines the concept of the first P2 P network lending, compared with foreign countries, the P2 P network lending appear alienation in the development process in China, compared with the first national network credit operations in many different models, so it is not uniform in the current academic definition, only according to the different modes of a a general classification. The second section mainly introduces the P2 P network lending to private lending as the foundation, by relying on Internet technology; low transaction costs, transaction process is simple;the parties to the transaction information transparency, transaction structure is simple; the financing characteristics of low threshold, wide audience. The relation and difference between the third sections from the P2 P network lending and other similar concepts of the financial institutions of the banking industry and the traditional private lending to distinguish clearly the nature of P2 P lending network in order to make clear its legal status. The fourth section from the historical development angle, the P2 P line from the initially appeared to really start line operation.The second part mainly from the domestic several most typical operation mode of the three platforms, the most representative of all kinds of patterns, including pure online information intermediary platform, credit intermediary platform combining online and offline part and credit intermediary platform under pure lines. And then through the lending between several operation modes of the platform and borrowing between the parties, the legal relationship between debit and credit sides were analyzed with the third party payment institutions, the specific properties of three kinds of platform business location.The third part is to several types of transactions subject to P2 P lending network as the research object, the analysis of the current P2 P net loan platform, the borrower and the lender is the most easy to produce in the network lending risks and hazards. Including the P2 P platform and the borrowers will be related to the primary risk of illegal fund-raising; leakage of personal information as well as the main types of transactions are involved;borrow new also old and arbitrage; remedy for breach of contract and unknown sources of funding risk.The fourth part firstly introduces the origin of the national network of P2 P lending in Britain and the United States regulatory methods and experience, on this basis, put forward suggestions for reference at home and lack of supervision of the environment. Mainly include: the classification of supervision of criminal law in the hold the bottom line of the P2 P network lending platform, the different nature of the different scales of the supervision; the establishment of industry self regulatory organization, to play its own function in the self-discipline management,based on the government regulation effectively in self- restraint, so that the whole industry to establish a good image for the evaluation, promote social; establish and improve industry personal and business credit information system, reduce the waste of human resources and the cost of the line, to ensure the healthy and orderly development. |
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