On The Abolishment Of Creditor's Rights Transfer's Mode Of Peer-to-peer Lending Platform

P2P lending, as a new approach to investing has been gradually familiar, via the Internet from 2007 the first lending to P2 P network platform in China "on loan" was established in 2015, our country the P2 P network before the credit has been at the "grey zone" of the law, until 2015, "about to promote healthy development of the Internet financial guidance", has been clear about the P2 P lending platform to adhere to the tenet of information intermediary status, to distribute the industry regulatory authority to the CBRC, the self contradiction arrangement disputed by the industry a platform of network loans qualitative, at the same time the dispute will determine the result of the P2 P lending platform of creditor's rights transfer mode can continue to exist.Creditor's rights transfer mode is a P2 P lending industry in China to the traditional business model of Chinese innovation, the operation of this business also achieved good results, but at the same time the model processes involving the securitization of credit assets and the risk of illegal fund-raising criminal offenses and controversial. In this paper, the above two disputed points, to explore the legitimacy of the creditor's rights transfer mode and legal risks, it puts forward the model of creditor's rights transfer should be abolished.Based on the legitimacy of the creditor's rights transfer mode as the breakthrough point, besides preface and epilogue parts, divided into five parts:The first part is a practical model of creditor's rights transfer. Introduction to the real practice of creditor's rights transfer mode, it puts forward the model of creditor's rights transfer exists in the two aspects of legality and operational risk, from the problem of creditor's rights transfer mode of controversy.The second part is to discuss the legality of creditor's rights transfer mode. The author through to the creditor's rights transfer model instance, appropriate letter platform of downing mode, puts forward the legitimacy to the transfer of the rights of the creditor mode platform qualitative and product properties of two aspects of the question, and combining with the example analysis of creditor's rights transfer mode between the four parties in the specific legal relationship and legal nature, lending to creditor's rights transfer model of the problem is the network platform for lenders "finishing- mismatch" process of creditor's rights is on "creditor" essence of asset securitization and transfer of securitiesThe third part is the risk in the creditor's rights transfer mode. Introduced in the creditor's rights transfer mode investors need to guard against a ponzi scheme, network platform to focus on preventing illegal financing.The fourth part is the P2 P lending platform outside creditor's rights transfer mode. The author through to the creditor's rights transfer mode- Lending Club mode of securities business operation method and risk supervision of investigation, analysis of the differences of creditor's rights transfer mode, the regulation of our country beneficial advice is put forward.The fifth part is the creditor's rights transfer mode to advice, the conclusion part of this article. The author in this paper, on the basis of summarizing ineligible operation of creditor's rights transfer mode of the subject asset securitization and the transfer of the nature of the "creditor" illegal, on qualitative information about platform at the same time, come to the conclusion that creditor's rights transfer mode should be abolished.