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The Legal Supervision System On The P2P Lending Platform

Posted on:2018-01-06Degree:MasterType:Thesis
Country:ChinaCandidate:Z R YuFull Text:PDF
GTID:2336330515471220Subject:legal
Abstract/Summary:PDF Full Text Request
P2P lending platform,which means the network information agency provides trading information and related ancillary services for lenders and borrowers.Through providing such services for lenders and borrowers,the strangers can trade with each other directly.As a combination of traditional financial and Internet products,the emergence of this platform solves the problems of small and medium enterprises and personal's loaning problem,meets the small loans and personal investment and financial needs of the market which means positive meaning for our country's establishing of Pratt&Whitney Finance.But the P2P lending also brought huge financial legal risks to the market,such as suspected of illegal fund raising and money laundering and other legal risks,credit risks because of the lack of sound credit rating system.P2P lending will play an important part in the process of achieving the goal of Pratt&Whitney Finance,so the legal supervision of the platform will be the key point.This article takes the P2P lending platform as the object of the study,and with the background of the situation of P2P lending in Chinese market.The definition of P2P lending and its platform,the operating mode and the legal nature will be elaborated.Then the article will elaborate the risks and problems.In the foundation of analyzing American ancd British empirical supervision experiences in P2P lending to perfect legal supervision of P2P lending in China.Details as follows:First of all,the network lending refers to the realization of the financial inter mediation between the individuals through the network,which has the characteristics of wide audience,convenient and quick transaction,high income and high risk.Network lending platform refers to the financing of information intermediaries.Net loan platform can solve the loan difficulties of small and micro enterprises and personal,at the same time,accelerating the speed of the flow of private capital,has great significance in achieving Inclusive Finance and promoting social and economic development.On the basis of the theory of "over interconnection","positive feedback" theory,modern contract justice theory and state intervention theory,hoping to provide more favorable theoretical support for the supervision of the platform.Secondly,the development of online P2P lending in China can be divided into the initial stage of development by borrowing mainly,rapid development stage of the regional loan,high interest based risk prone stage and policy adjustment stage based on risk management.China is currently in the fourth stages,mainly to standardize management,risk prevention.There are few problems in network lending industry.Such as the legislation is not perfect,the relevant industry standards are not comprehensive enough,the credit system is imperfect and the lack of the main body of the protection of rights and interests and other issues.Then,the UK and the U.S.have set up strict access standards in the regulatory network lending platform model,and strict requirements on the platform of information disclosure with perfect personal credit system and relevant legislation.It provides a good experience for the legal supervision of our platform.According to the current domestic development of the industry,regulatory ideas platform should adopt the essential regulation from the regulatory body,regulatory methods,and the specific content of supervision as the starting point for regulation of the industry.In improving the regulatory system should start from the following aspects:improving the market access system,perfecting the credit rating system,formulate specifically law and regulations for the rights and interests of net loan platform as well as the construction industry,strengthening the legal supervision system of market participants.
Keywords/Search Tags:P2P lending, P2P lending platform, financial innovation, legal supervision
PDF Full Text Request
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