The Legal Risks And Prevention Of Person To Person Lending In China

At present,our country the more stringent financial regulation phase,the lack of the investment environment of relatively healthy,lack of personal credit registry system,financing dependence on financial inter-mediation is very large,so the P2 P network platform on the basis of the original mediation pattern,loan extends out of the variety of innovation patterns.These patterns in the P2 P network credit platform have a common three types:one is the pure mediation model,which is the most basic mode of net credit platform,through the Internet,has prompted both complete transactions on the platform,the platform is just a loan service institution,not to guarantee loans,only a service charge of mediation.The other is a compound mediation pattern,the pattern change the regular pattern of a borrower to multiple lenders,alienation for multiple borrowers with multiple lenders lending to form a many-to-many model through intermediaries.Last is intermediary guarantee mode,by a third party for borrowing contract guarantee,guarantee the deal.As P2 P network platform mode innovation,the legal relationship is complicated,the content of the parties rights and obligations so change.At present,still lack of related legislation to regulate and guide the development of the industry,in order to maintain the healthy development of the emerging industries,as well as the security of P2 P lending market and orderly,needs to analyze different patterns of the legal relationship of platform main body may face legal risk,and analyzes why to appear such legal risks.Finally,according to the different legal risks proposed targeted measures to guard against legal risks.This article revolves around the P2 P network platform,the law risk loan on P2 P network credit platform for in-depth analysis.First of all,according to the operation mode of the P2 P network platform loan in our country,analysis to build the model of the legal relationship between different subjects,to clear the rights and obligations.Secondly,from the participation as the legal subject of rights and obligations,the analysis of them to the legal risks of P2 P network platform loan in our country and analyzes its causes,it is concluded that the P2 P network credit platform different mode the legal risk to the public as well as a special pattern of the legal risks faced.On this basis,the author aimed at the causes of these legal risks and measures to prevent and puts forward some pertinent Suggestions.