Research On The Guarantee Issue Of Chinese P2P Online Lending

Because of the imperfect credit reference system and the lack of investor's risk awareness,our country's P2 P online lending platform relies on phasing in insurance mechanism to attract investors,satisfying the need of asset safety for investors.Our country's P2 P online lending industry uses platform self loading mode and third party guarantee mode,which can easily lead to the messing up of the online lending platform's status.Also it will result in the unclear boundary of legitimacy about the security model,the ambiguous legal responsibility and poor protection of each party's legal equity.This essay based on the specialty of online lending guarantee.It takes present principle and research into consideration and then analyzes existing problems and raise proposes of the P2 P online lending guarantee mode concretely.This article is divided into three parts which includes abstract,main body and conclusion.Abstract briefly introduce the raising of the question,the background,present research,methods and the structure of this essay.The conclusion makes the brief summary.The main part is divided into three sections as following:1.Operation pattern and the legal boundary of P2 P online lending.According to the difference of the provided main part,it is divided into platform self loading mode and third party guarantee mode.Then analyzing the provided guarantee of legal boundary of different main parts.Lastly analyzing the controversial deleting P2 P online lending.2.The present situation and existing problems of our country's online lending guarantee regime.Based on recent situation of legislation and judicial,it is concluded that there are two problems.The first is recognizing our country's P2 P onlineing lending guarantee system contract,and the second is the ambiguous legal responsibility of the guarantor.Meanwhile,the insurance system exists defects about P2 P online lending.3.The advice of our country's online lending guarantee system.From the twoaspects that improving the recognizing rules of effectiveness of guarantee contract and the definition of the guarantor's responsibility,I raise the propose about completing P2 P online lending guarantee system.Also giving suggestions according to two aspects which are improving the recognizing rules of effectiveness of guarantee contract and the definition of the guarantor's responsibility.