The Problems And Legal Countermeasures Of The Third Party Trusteeship Of P2P Net Loan Platform Funds In China

Since it was introduced into our country,the P2P net loan mode has made rapid development.But due to the short time of development,the immature model and the imperfect legal system,by the end of 2016,the number of platforms which has problems reached 1741,among of which run away,and cash withdrawal difficulties accounted for a larger proportion.Although P2P net loan platform which serves small and micro businesses and the general public has played an important role,but the problems that the quality is uneven,the platform run away,capital was withdrew and other difficult phenomena have occurred.The issue of financial security is becoming a primary problem of P2P net loan platform which needs to be solved,so that the third party trusteeship is being taken seriously.By the end of 2016,most of the P2P net loan platform claimed that they had implemented funds managed by the third party,but the third party trusteeship was introduced into the P2P net loan platform only for more than two years,and is still in the exploratory stage.In order to ensure that the third party trusteeship can really play a role,it is urgent to study the third party trusteeship in order to improve it.The third party payment institutions and commercial banks are the two main parties of the third party trusteeship of the net loan platform funds in China.Based on considerations of trusteeship costs,transaction convenience and access threshold,the third party payment institutions have currently become the vast majority of P2P net loan platform choice.And a small number of the strong background P2P net loan platform chooses commercial banks.From the comparative analysis of the above two kinds of trusteeship models,no matter which mode to use,they both have advantages and disadvantages,and for the third party trusteeship itself,the time of the introduction of the system is still relatively late,and still in the initial exploration stage,facing many problems and legal risks.Based on the historical development of the third party trusteeship of P2P net loan platform funds,make an in-depth analysis of the legal relationship and in-depth analysis of the problems and the legal risk of the current P2P net loan platform,For example,about the third party payment institutions,including the lack of legal support,unclear responsibilities,the third party payment institutions involved in false propaganda,the technical risk and so on.About commercial banks,including the bank's illegal operations,dependent,in violation of the trusteeship contract,the difficult development of bank trusteeship system,etc.In view of the above problems,we should improve the third party trusteeship legislation,define the rights and obligations of the third party trusteeship,clear legal responsibility for breach of trusteeship and false propaganda,clarify the depository and trusteeship,strengthen responsibility and consciousness of supervision,unify the third party trusteeship system of the net loan platform,strengthen social supervision,perfect P2P net loan industry information disclosure system,and strengthen the P2P net loan industry self-regulation and risk prevention and control ability and so on.