The Study On The Legal Control Of P2P Lending Risk

As a new internet financial model, Peer to Peer lending is an effective supplement of traditional finance to meet the needs of the market. To a certain extent, it solves the problem of financing, but it is also accompanied by a huge risk problem. Different platform has various business type and scope. Therefore, the P2 P lending transactions are prone to various types of risk, including the compliance risk?operational risk and the credit risk caused by overdue repayment of the borrower. Different risks will have different effects.P2P lending platform may be caused operational risks by personnel or technology reasons. In terms of credit risk, the credit system and the management of the funds after the loan is not perfect. In terms of operational risk, due to the network lending platform information disclosure system, network security system and personnel management aspect is not perfect enough, may result in the borrower's disclosure of personal information, fraudulent investor risk. Network lending platform in violation of regulatory requirements, and the management of customers' funds may lead to illegal fund-raising and other risks. The corresponding laws and regulations are still in development. The emergence of these risks greatly affects the safety of investors' money, being not conductive to the development of China 's P2 P lending industry.Therefore, to safeguard the legitimate rights and interests of investors, and promote the stability of the P2 P lending industry, we need to analyze all kinds of risks in the P2 P and study the main risk types of P2 P lending. I analyzed the shortcomings of the relevant laws based on the current status of Chinese law and put forward suggestions on controlling risks to ensure the long-term health of the P2 P and the steady development of society.In addition to introduction,there are four parts in this paper.The introduction part expounds the background and significance of this paper, also includes the research present situation and the literature summary. putting forward the research method innovation and shortcomings of the research contents of this text.The first chapter does research on the basic concepts of P2 P lending.P2 P lending risk could be classified into different risk types by different criteria. According to the main problem existing in the network lending,analyze the main risk in the network lending. We elaborate the risk types of credit risk, operational risk, compliance risk, etc. The asymmetric information theory and internal control theory as the theoretical basis research, we analyses the existing problems, and points out the necessity of legal control.The second chapter does research on current P2 P legislation and supervision in China and the risk status of platform in actual operation. Include the provisions of the bank deposit management, regulatory responsibilities, information protection, etc. Analyses on the P2 P lending risk,and legal supervision of the present condition.The third chapter does research on the experience of legal control of P2 P lending risk in other country, combined with the actual situation of our country to learn from experience. Select the United States and the United Kingdom P2 P lending to study. the development of the network lending industry are relatively mature country. Analysis of government regulation, legal regulation and industry self-discipline of P2 P lending.On the basis of absorbing and drawing lessons from foreign experience, improve the legal system of P2 P lending in China.The last chapter does research on a solution to the P2 P lending risk. I put forward feasible suggestions on credit risk, operational risk and compliance risk in P2 P lending. To control the risk of P2 P lending, promote the development of network lending industry.