| Under the circumstance of rapid development of the Internet and various forms of petty loan, P2 P online lending as a new financial thing comes into being. Online lending is gradually expending as a platform model, the most common one is the P2 P online lending platform model, that is “peer-to-peer lending", which provides the platform of cash flow for debtors and creditors, and intermediary services while they are making the deal. Documents, capital, contracts, formalities and other involved things will be all operated on this online platform. The creditors can obtain higher fructus while debtors can also achieve financial needs in a relatively convenient way, thus the new financing model is gradually accepted by the society. Even though P2 P online lending is booming in China, there are still deficiencies in the operation mechanism, along with the imperfection of relevant laws and regulations as well as the lack of supervision mechanisms in China, therefore the legal nature of P2 P mode haven't been clearly defined, resulting in disorderly and autonomously developing of it. In order to promote the healthy and orderly development of P2 P online lending platform, we should clarify the legal nature of it, and propose effective supervision measures, which are the key issues this article researching to solve.This article is divided into the following five parts:The first part is an overview of the basic situation of the P2 P online lending. Firstly, defined the concept of P2 P online lending and elaborated the history of its origin and development, including the historic evolution in foreign country and the rise and development in China. Secondly, considered different modes of domestic P2 P platform, introduced classified platforms respectively.The second part discussed about the legal risk of P2 P lending platform as well as the cause of risks. Firstly, concerned about the debtors, creditors and lending platform, analyzed the existing risk of the P2 P online lending platform. Then based on the legislation, supervision, social conditions and other aspects, summarized and analyzed the reasons causing the risks.The third part discussed about the P2 P lending industry supervision in US, and analyzed the references of US supervision experience for China. This part mainly introduced the regulators, supervising patterns and legal basis of the US P2 P online lending, and according to national conditions, put forward the reference meaning to China.The fourth part presented by improving the legal norms system of P2 P online lending and establishing path for credit rating system, to effectively regulate P2 P online lending platform, avoid possible legal risks, and make it back on track and develop healthy and orderly.The fifth part summarizes and concludes the whole article on the basis of the above discussion. |
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