Legal Risk And Regulation Of P2P Network Lending In China

The development of Internet technology,to promote the creation of P2P network services platform loan,since 2005,when the world's first P2P network platform Zopa loan since it was established in London,England,P2P network credit attached to the Internet technology rapid development throughout the world.Our first P2P network credit platform is established in 2006,since then China P2P network credit industry broke out like spring,but with the P2P network industry growing,existing P2P network credit risk is also growing,such as platform running mode variation,the regulation of intermediate account out of control,the borrower credit rating,imperfect information disclosure,and platform to build pools of money laundering,illegal fund-raising,such as risk,the causes of this phenomenon is the P2P network platform loan in our country is still in its no barriers to entry,there is no industry standard,no agency regulation "3 without" state,thus attracted speculators to enter this industry,caused the industry wave erupted repeatedly run road,as of May 2016,P2P network platform has closed and problem loan for 1307,including nearly a third of the proportion of run platform.In the face of the new folk lending model brings us challenges,we need to P2P network industry to conduct a comprehensive analysis,combined with P2P network to borrow abroad to regulation regulation for the development of more mature countries,explore the road of the P2P network credit regulation in our country.This article is divided into four parts altogether,the first part elaborates the P2P technology to draw out the meaning and characteristic of P2P network to borrow,and then to our country the P2P network is borrowed three main modes for example,and discussed the legal relationship of the three models,namely pure online model on credit,the combination of online all loans as well as the appropriate letter of pure offline mode,then to our country the causes of the P2P network is borrowed and elaborates the current situation of the development.The second part of P2P network credit industry from four aspects in detail in this paper,the risk of facing,that the use of borrowers facing platform of illegal fund-raising risk,default risk,lenders faced by using the platform to the risk of money laundering,the excess interest risk,P2P network platform loan risk faced by lack of relevant laws and regulations,illegal fund-raising risk,the risk of information security,and the third party fund custodian,the risks faced by a third party guarantee agencies.The third part is the United Kingdom,the United States for the two countries,analyzing the present situation and problems of P2P network credit regulation of absorbing the advantages of P2P network borrowing abroad supervision as well as the future of our country can draw lessons from the aspects of supervision on P2P network credit such as the UK by Britain's financial regulator(FCA)and peer-to-peer(P2P)network credit industry self-discipline organization(P2PFA)dedicated to the P2P network credit regulation,the United States to P2P network platform loan certificates as issued by the securities,the SEC shall,according to the"1933 U.S.securities law to regulate and comply with all departments multi-level regulatory body to monitor P2P net lending industry,to establish a P2P network credit supervision system in China is the place that can draw lessons from.The fourth part,through the above detailed analysis of P2P network credit risk in our country,combined with the overseas for P2P network regulatory measures,P2P network in China credit risk regulation problems raised some opinions.Specific include:clear the legal nature of lending to P2P network platform,make market access standard,establishing and perfecting the information disclosure system,building the credit system in our country,strengthen the protection of consumer rights and interests,introducing the custodian bank for third-party funds,clear financing guarantee agencies for third-party guarantee agencies,set up the market exit mechanism,the construction of a multi-level regulatory system.