Research On Legal Issue Of P2P Network Lending

With the growing private lending market and the development of technology, new changes have occurred in the form of private lending-P2P network lending. P2P network lending is in essence a kind of private lending relying on Internet technology, compared with the official financial, it can more effectively meet the private demand for funds. Compared with traditional private lending, network lending has more advantages:for borrowers, they can more quickly and more easily access to capital; For investors, they can obtain higher profits, and they don't need a strong professional requirements at the same time. But P2P network lending also has the disadvantages like private lending:the lack of regulation. Due to P2P network lending combines the characteristics of the Internet, breaking the limit of time and space, its influence is wider, it also puts forward higher requirements on regulation.On the basis of detailed analysis of P2P network lending, researching our country network lending industry at present, discover legal issues of P2P network lending, and find feasible supervision system, in order to promote the healthy development the industry of our country network lending. Besides the introduction and conclusion, this paper is divided into five chapters altogether, according to the outline, the legal relationship analysis according to different operating mode of P2P network lending platform, the legal risks of P2P network lending in our country, learning lessons of regulation from foreign P2P network lending platform and regulatory Suggestions of perfecting our country's P2P network lending platform. Description of content of each chapter is as follows:The first chapter, starting from the connotation of the P2P network lending platform, compared with the balance of small loan companies,Yuebao, the difference of the Crowd-funding platform, and introduces the three patterns of P2P network lending platform, and expounds the legal nature of P2P network lending platform.The second chapter, this paper analyzed legal relationship according to the different operation mode of P2P network lending platform, introduces its legal relationships mainly involved in the process of operation, respectively is:loan contract legal relationship, the brokerage contract legal relationship, the guaranty contract legal relationship and the creditor's rights transfer contract legal relationship.The third chapter, from perspectives of the lenders, borrowers and P2P network lending platform, discussed legal risk may occur in the P2P network lending in our country.The fourth chapter, study and learn lessons from the experience of American and British P2P network lending industry regulations.The fifth chapter, starting from the situation of our country, put forward regulatory Suggestions of our country's P2P network lending platform.