Research On The Legal Issues Concerning The Regulation On P2P Lending In China

P2P network credit as a new mode of private lending, and the biggest differencebetween traditional financial is to use the Internet as a tool, is lending transactionsmore convenient In the past2013years, the P2P lending show explosive growth, thecompany already has more than eight hundred platform, its development trend WBHBut on the other hand, since last year, a P2P network platform for investors to flee inthe bankruptcy of suspected fraud news also emerge in endlessly So should thesituation due to the P2P lending in regulatory vacuum belt, the correspondingregulation of supporting measures are not perfect.For P2P lending industry development in our country to create a betterenvironment, give full play to the role of the P2P lending, the author thinks that thebest starting point is the perfect solve the problem of P2P lending to arrange P2Plending relationship of the legal regulating of the related parties In this paper, from theAngle of the P2P lending related parties in our country, to discuss related parties fromthe perfection of legal system to achieve the purpose to solve the problem of P2Plending in China．This thesis consists of six parts. Part I of this thesis Combined with China’scurrent status related to P2P lending system, discussed under the existing legal system in China is put forward, in order to better solve the problem of P2P lending,Suggestions on P2P network borrowing related parties of the legal system of perfectas the starting point This is better based on our country’s basic national conditions, tobetter solve the problem of P2P lending in China.Part II of this thesis According to the above regulatory risk, this part puts forwardto perfect the related party system is first to determine the regulatory status of theChina banking regulatory commission, from the law dominated by the China bankingregulatory commission to monitor P2P lending And then to discuss how to regulate,including the regulation of P2P lending platform itself and its practitioners, to escrowin the process of borrowing money, for the protection of the rights and interests ofboth regulation and so on These regulatory measures can reduce the risk of regulatoryoversight.Part III of this thesis Starting from perfecting the credit system construction ofform a complete set of, discusses how to reduce the credit risk of lending to P2Pnetwork This part firstly introduces the successful experience of European andAmerican countries, points out the shortages of our country, and combining with thestatus quo of domestic, first should from the legislation to strengthen the constructionof personal credit system, the second is should strengthen the management of personalcredit, shall be regulated when necessary, again suggested that the center of thepeople’s bank of China credit reporting system and P2P lending the docking platform,finally suggest to strengthen the cooperation between platforms, practice the blacklistinterchange mechanism．Part IV of this thesis Proposed to introduce guarantee way to reduce the risk inthe platform operation, this part puts forward to the third party guarantee and riskreserve fund as required, and allow the transfer of creditor’s rights, reduce the risk ofthe borrower overdue paymentsPart V of this thesis makes summaries and conclusions on the strength offoregoing analysis, and presents suggestions to legislations and judicial practice oflocal China.