Indiviuadl Network Lending Of The Legal Risk Analysis And Legal Regulation

Compared with conventional financial models,emerging Internet banking can not only enhance financing efficiency,reduce the social cost of financing,and also to establish a comprehensive,multi-level financial services system.However,the Internet is still essentially the integration of financial behavior of capital,still it has easy to induce the systemic risk inherent properties.Individual lending network is one type of financial Internet,the Internet is at the margins in the financial system.Due to lack of lending in the Chinese Internet industry self-regulation and government regulation law,not only the parties involved in causing people facing greater legal risks that might lead to economic losses,but also makes the individual networks to become China's financial sector lending a disturbing "time bomb." Thus,the individual network lending industry regulation and law-related academic research is very realistic,the necessity and urgency.Individual network lending refers to direct lending between individuals and individuals through the Internet platform is a combination between individuals lending practices and Internet technology product.Domestic individual network lending platform was first born in 2006,the industry as a whole on the pace with the international.Since the initial lack of government regulation and industry self-regulation,the domestic network of individual lending industry chaos,illegal fund-raising,when foot fraud have occurred,[e] treasure rent event that shocked the nation,greater financial risk has begun to appear.The central bank in July 2015,more than 10 departments issued the "Guiding Opinions on Promoting the Healthy Development of Internet banking"(hereinafter referred to as "guidance"),government regulation and legal regulation of individual lending network in the field of the development of a framework for legislation.In accordance with the "guidance",belong to the individual network lending platform nature of information intermediaries,platform function is to "provide for the investors and financiers of information exchange,matching,credit rating and other intermediary services" can not be provided to both lenders and borrowers to increase trust services.So the provisions of the legal relationship of the individual lending network include: intermediate contractual relationship contractual relationship formed between the Borrower,the individual network lending platform operators and lenders and borrowers is formed between the lender and the borrower.The main body of the rights and obligations of parties involved are: lending money lenders bear the risk of default on their own and receive interest income,the borrower in accordance with bilateral agreements for repayment of the principal,and individual network lending platform in accordance with the transaction is successful or the corresponding amount of borrowings a certain percentage of interest income,to borrow one or both of intermediary service fee charged as their main source of revenue.In addition,other existing business model neither legitimate,which requires transformation.In China,the core target individual network lending legal regulation must be how to prevent and control its potential may lead to systemic financial risk,is the pursuit of the value of balance efficiency and fairness,and should be followed to reduce individual risk principle,the service economy principles entity and systemic risk balance principle.Also the need for further research to explore in terms of market access and exit mechanism network and individual network individual lending industry borrowing autonomy in the future,in order to improve the legislative and regulatory frameworks across individual network lending.