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The Legal Supersivision Of The Risk Of P2P Lending Platform

Posted on:2016-08-15Degree:MasterType:Thesis
Country:ChinaCandidate:H Y DiaoFull Text:PDF
GTID:2336330479953830Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, the development of network technology and the prosperity of non-governmental microfinance companies generate P2 P lending platform, namely “Peer to peer lending”. As a representative of the financial innovation products, it appears solving the double problems of the borrower's financial difficulty and lenders finance and investment demand. It sets up a bridge of a borrower and several lenders On the Internet,and with the web, the loan applications, data review, capital matching, loan contract and pay the fees are realized. And use of the ductility of the Internet, the folk microfinance clients scope to expand in the country or even several countries. This new type of financial management model in a few years gradually by the public recognition, the number of P2 P network platform loan also grow rapidly, blossom everywhere in the country.However, P2 P mode is in exploring stage, in order to cater to the demands of different interest groups, it continuously introduce all kinds of financial products, and the platform is out of the mediation, alienation to financial institutions. At the same time, in view of such a new generation of financial products, our country has not yet built up a clear legal framework, in the face of macroeconomic policy vigorously support and the net credit produce negative effects in the process of alienation reality, regulators in a bind, let the supervision system in the "green shoots" state for a long time, despite the draw four red line, but the practical effect is poor. Positive "inaction" regulators to network platform in the early development of loan laid the survival of loose soil, for its subsequent savage nature of breeding and mutation to create growth environment. Under this background, the platform response times call for reform, using legal loopholes, in the absence of legal and regulatory space follow one's inclinations, and wild growth index high platform is behind the problem. therefore, of legal subject qualification of lending to P2 P network platform, puts forward compatible incentive effects and punishment mechanism of supervision system and the rule of law, has become the network node of credit industry to sustainable development, this is also the value of this article.This paper mainly discussed from the following five parts:The first chapter introduces the P2 P lending platform and its related concepts. First of all, the P2 P network platform to give a comprehensive definition of loan, and briefly expounds the process of its rise and the introduction of domestic situation; Secondly, discusses its characteristics and functions by using the method of comparative analysis, further deepening the P2 P lending platform an accurate definition; Again, three models of P2 P lending platform and introduces the legal relationship, with business and service pattern classification criteria for subdividing P2 P lending platform innovation model, and the relevant model involves the legal relationship are analyzed in this paper. Finally, a brief talk about the rise of P2 P network is borrowed for various influences of banking, suggest that regulators can fair to each main body of market environment.The second chapter introduces P2 P lending platform may face various risks, the risk may be in different degree influence the healthy development of the network credit industry, threat of network platform the daily operation of loan. Finally, according to the quantitative analysis of data and are facing various risks argument for the necessity of network credit regulation.The third chapter describes the common network platform management mode and regulation mode, analysis of our country and national conditions of both Britain and America, the concept of economic development and cultural difference, think before transplantation outside advanced supervision mode, consider localization factor, put forward specific aspects that can draw lessons from for related departments may choose.The fourth chapter is the focus of this article, with the proposal of building a hierarchy of regulatory body and the pattern of the regulatory system, duties, net loan platform to guide the orderly development of different levels; and the risk of the introduction of laws and regulations for the platform, it is necessary to protect the the vital interests of financial consumers, but also in response to the national inclusive finance policy to encourage further financial innovation platform to promote economic prosperity.Finally is to the height of the full text summary, certainly in this paper, the meaning and importance of writing, briefly summarizes the full text.
Keywords/Search Tags:P2P, Network Lending, Platform Risk, Supervise, Legal Regulation
PDF Full Text Request
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