Research On The Litigation Settlement Mechanism Of P2P Lending Disputes

With the rapid development of the P2P lending industry in the supervision-missing and credit-missing environment,P2P lending disputes with the deep integration of the Internet has increased dramatically and entered the litigation.On the one hand,which becomes an obstacle to the development of the industry,an important factor affecting social stability;On the other hand,which bring challenges to litigation procedures upon the networking of information Media.In view of this,there is the dual meaning of theory and practice for the study of P2P lending disputes' litigation settlement mechanism.This paper is divided into five parts:Part ?,the main feature of P2P lending disputes at present.At present,P2P lending disputes demonstrate the features of networking of information media,complicating of legal relation,dramatically Increasing,Massiveness,legal basis gradually improve,and so on.The Most notable feature is the networking of information media.Part ?,the typed analysis P2P lending disputes.Divided P2P lending disputes into disputes caused by borrower-overdue,disputes caused by lending platform's cheat,the disputes caused by system fault,based on the causes of disputes.There are significant differences in subject size,complexity and Number of persons involved for these 3 types.Divided P2P lending disputes into claiming by oneself disputes and claiming by others disputes.There are significant differences in Number of persons involved and professional quality for these 2 types.Part ?,The problems on P2P lending disputes' litigation settlement mechanism."long period of litigation","group pressure can not be effectively resolved","non-judicial procedure's utility is hard to achieve" and "online dispute resolution mechanism is imperfect" are the main problems in P2P lending disputes'litigation.Part ?,the value goal of litigation settlement mechanism for P2P lending disputes:properly solve and take into account the overall situation.Properly solving is the internal value goal,which emphasizes the court's efficient hearing and the party's low litigation burden.Taking into account the overall situation is the external value goal,which emphasizes the maintenance of social order and guidance for industry governance.Part V,the rational adjustment for P2P lending disputes' litigation settlement mechanism.To sound P2P lending disputes' litigation settlement mechanism,we should clear P2P platform's location could be used as the location actual relate to disputes,coordinate the procedures of civil and criminal cross cases,wake representative litigation,allow specific arbitrary undertaking,make full use of non-judicial procedures and perfect electronic litigation procedures.