Legal Risk And Prevention Of Peer To Peer Lending In China

Internet lending is a kind of Inclusive Finance,relying on the Internet to form a bridge between the borrower and the lender,thus contributing to the realization of the transaction.This new type of borrowing model first appeared in Europe and the United States,Zopa in the UK in 2005 and the Propser Marketplace Inc in the United States in 2006,and the convenience and trans-regional nature of this model let itself become popular and preferred around the word quickly.Since 2007,China's first network lending platform has emerged,then,right now,there are more than two thousand network lending platform exists in our country,but due to the lack of corresponding legal supervision,the atmosphere of China's network lending industry is more and chaos.Only in 2016,there occur a huge loss of loans for Yirendai,E-speed Loans becoming the suspect of illegal absorption of public deposits,Luotiao event for Jiedaibao and other major events,thus we can see the network lending industry has been in urgent need of handling the problems.The article is divided into four parts.In the first part,from the definition and characteristics,the article discusses what the P2P online lending platform is.According to the actual operation of P2P online lending platform,the article decides to adopt a broad definition to explain the platform,and compare the platform with two other similar concepts-Online banking and Small Loan Company-summing up the platform itself has four features:public,simple and quick,high degree of virtualization and financial information intermediary.Then,the article defines the legal status of the platform,expounds the views of "the type of financial institution model" and the "information agency model".By discussing these views,the article thinks that it's more appropriate to make the P2P network lending platform positioning as a information intermediary platform.Then,in the second part,we mainly analyze the legal relationship and actual operating modes of the P2P lending platform in the single information intermediary mode,the mode of creditor's rights transfer,and providing the guarantee mode.In the legal relation,we focus on the analysis of the online lending platform as a party of intermediary contract,creditor's rights transfer contract,guarantee contract,laying the foundation for the next part.Meanwhile,the article also analyze the legality of the mode of credit assignment and providing the guarantees.In the third part,we analyze the legal risks of the online lending platform due to the operation and illegal affairs.The last part analyzes the countermeasures of the risk of the online lending platform,because the article thinks that compared with methods which are without flexibility,thorough risk countermeasures is better for the development of P2P online lending platform.