The Legal Risk Issues Of P2P Network Platform Assurance

P2P network, as a kind of important mode of Internet financial loan, since into the public eye, its rapid trading, low cost, high yield is attracting more and more investors to invest in the platform, and it is often difficult for the traditional financial institutions to obtain funding of small and medium-sized enterprises and individuals in a short period of time quickly raise money provides a convenient channel. These advantages make P2 P net credit in our country the development of the Internet financial markets have a certain potential. Net credit platform from abroad, however, after the introduction of domestic, in order to adapt to our country market economy environment, the platform to make a series of localization, among the more significant is the platform can provide guarantee for the borrower, participate in lending transactions. This is the net credit platform in our country there is no clear legal position, net loan industry is in the imperfect credit environment in order to better survival and development under the background of the platform to make changes. After transforming the platform with the nature of the original platform there is a fundamental difference, thus has brought a series of legal risk problems.Through the development of the P2 P network first obtain loan compared to British and American countries, in the beginning of trading information platform is only lend pure intermediaries, broker properties of belong to the category of civil law, but to development of our country, the platform to attract more lenders, investment to earn profits, gradually evolved into integrating multiple identities of intermediary institutions, began to participate in lending transactions, for the loan guarantees. Now domestic P2 P network to borrow in the platform role, the nature of the trading, investors trust foundation and legal risks existing in the aspects such as have changed a lot. Platform by traditional broker for the guarantor, from direct financing to indirect financing, mainly to measure the borrower credit degree by the investors and their own risk tolerance to a platform dependent does promise break-even interest, do not assume the risk of default by the platform to the platform for taking on too much risk and go out of business, run, these are all P2 P network in the developing course of domestic loan problem presented by the dissimilation phenomenon and the industry.By comparing to the present situation of the P2 P network credit platform at home and abroad, the platform guarantees the legal risk problems have nots allow to ignore. Up, the platform guarantees the legal risks embodied in both civil and criminal risks. Civil risks mainly civil main body legal status is unclear, there is a platform platform as a guarantor to guarantee contract and lenders have real rights for security lack of legal protection, the independence of the platform to guarantee fund is difficult to guarantee, platform possible use of guarantees lever inflated and under the environment of network industry loan guarantee ability, the platform guarantees after problems such as increased difficulty of recovery action. Criminal legal risk is mainly manifested in net platform to do business loan is not legitimate, breaking the fund-raising fraud and crime of illegal absorb public deposits and other criminal offenses. To solve above problems, to regulate financial markets, and Internet guide sustainable and healthy development of the industry, our country need to intensify efforts to the P2 P network credit consolidation and governance. To this, as soon as possible by laws and regulations can only as a broker’s legal position clear down the platform, with the introduction of third-party guarantee agencies, and insurance company cooperation, and establish risk reserve "without guarantee" the way of platform; May require the borrower to provide appropriate counter guarantee, and optimize the combination way of counter guarantee, the need to strengthen the network borrowing contract risk management, and gradually perfect the industry credit environment, regulatory mechanism construction, speed up the industry overall development in P2 P network power from each aspect, finally achieve the goal of real advantage of the Internet financial value, add more energy for our country’s market economy.