Research On Legal Risk And Regulation Of Lending-based Crowd-funding In China

The Crowd-funding originated in Europe,in China as an "Exotic Product",rely on the rapid development of the Internet based,low barriers to entry,no identity,occupation,age limit,rapid rise in our country.And the Lending-based crowd-funding as a congregation to raise a pattern,and as a domestic Internet Financial emerging industry,so far,in the Internet to promote the financial industry,the rapid social masses was unknown,because of the Lending-based crowd-funding to investors platform rigid requirements is not high,the investment amount of the initial limit is very low,making the creditor's rights the congregation raised by the ordinary people sought after,a short period of time all the claims raised platform is unprecedented.With the continuous development of the Internet in the financial sector and the expansion of the claims raised many legal problems,the legal risk in the financial industry also began to spread: contract fraud,illegal fund-raising platform,"run away" and so on,has problems and accidents,resulting in property interest investors suffered huge losses,serious damage to the reputation of the industry.All the chips influence the healthy development of the financial industry,but also not conducive to the benign development of the stability of China's market economy.Based on the current academic research and discussion of the most popular P2 P as the theoretical basis of the research,the use of P2 P and raise public debt portion of the same,clarify the relationship between the two sides,from the most similar legal risk and legal risk in the regulation of P2 P,to Lending-based crowd-funding risk and legal risk regulation further study.The first chapter is the introduction,which mainly introduces the background and significance of the research,and introduces the domestic and foreign literature,the research methods and the innovation of the paper.The second chapter introducesthe meaning and characteristics of all the Crowd-funding,financial disintermediation--the essence of all the Crowd-funding,one of the "media" refers to the financial intermediaries.Then it introduces the concept,characteristics and the background theory of the Lending-based crowd-funding.Finally,also to enumerate the picture,focused on China's claims raised with P2 P technology,illustrates the differences and relations between the two,to avoid more scholars will be confused,finally draws the conclusion: the extension of the Lending-based crowd-funding far more than P2 P,which not only includes P2 P,P2B,and P2 P is to Lending-based crowd-funding a containing relationship.The third chapter analyzes our country raise public debt in the main civil status,and corresponding based on different contract different civil legal relation between subjects,to study carefully the participate in the subject of civil rights and civil liability shall be.In the fourth chapter,the author analyzes and studies the most important and prominent legal risks in China's Lending-based crowd-funding collection,and lists the various risks: illegal fund-raising,money laundering,contract fraud,information disclosure,etc..Clarify the reasons for the legal risk for the next chapter of how to regulate the legal risk to pave the way.The last chapter introduces the current legislation of the Lending-based crowd-funding outside the legal risk problems of research and analysis of the proposed regulation before the corresponding countermeasures,such as to make clear the third party custodian of funds,perfecting personal credit system,the introduction of the third party guarantee mechanism,improve the information disclosure system,referring to foreign countries on the net loan platform the legal risk regulation measures,combined with China's situation to Lending-based crowd-funding,how to regulate the creditor's rights in our country to Lending-based crowd-funding legal risk,put forward their own views.