Research On The Default Of The Credit Platform Of Network Consumption

Network consumer credit refers to the network's "consumer finance" products,namely the shopping website based on consumer transaction data,credit to consumers,and according to the credit limit of a product,the online shopping provides paid or unpaid deferred payment or installment payment services such as: "Jingdong," white ants spend."," Su Ning wayward pay etc..Network consumer credit platform plays a central role in the entire network of consumer credit business occupy a dominant position,because the platform's own profit and regulatory lag and the legal norms of the vacancy in platform may exist many defaults in the network consumer credit business.This paper is mainly aimed at the network consumer credit platform of collateral obligation,consumer account risk reporting and responsibility sharing platform in the implied agreement obligation and right of defense platform for consumers to cut off the platform such as the agreed terms of breach of contract and its reason analysis platform should bear the responsibility of the legal basis,legal suggestions and solutions at the same time the breach of the platform.In addition to the introduction,this paper includes the following four parts:The first part is about the basic theory of network consumer credit.The concept of network consumer credit is different from the traditional consumer credit,and it has its own unique connotation.The research on the legal relationship of the online consumer credit can better grasp the operation process and mode of the consumer credit system.The second part focuses on the main problems of the online consumer credit platform.Consumer finance platform for publicity,consumers respond to inform,confidentiality and other contractual collateral obligation;consumer use of online consumer credit account if has stolen in the case,the risk is immeasurable,which also involves the division of responsibility and commitment;the network consumer credit platform for consumers right to defense clause the presence of more disadvantaged consumers in the network of consumer credit in the performance of the transaction risk,in practice is not reasonable.The third part mainly studies the reasons for the breach of the consumer credit platform and the legal basis for the platform to bear the liability for breach of contract.There are many reasons for the breach of the platform,the identification of the breach of contract and the acquisition of the evidence and the definition of the subject of responsibility are the practical problems to be solved.The relative damage platform because of its direct or indirect breach to bear corresponding responsibility is the objective basis and legal basis and general principle of imputation in the legal level,this is the platform for the legal basis of liability for breach of contract.In the fourth part,the author puts forward the corresponding countermeasures according to the appearance of the main breach of the online consumer credit platform.To clear the network consumer credit platform violating collateral obligations of legal responsibilities,regulate the disclosure of consumer platform application conditions and credit standard obligations,while achieving the effective protection of consumer information platform and in accordance with the legal basis of liability for breach of contract and the reasonable distribution of consumer account risk liability.In addition,the reasonable limits of cut off the right of defense terms for the consumer finance platform,the special circumstances of the consumer to clear platform of confirmation and protection of the right of defense,perfecting the legislation of evidence and default mechanism.