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The Protection Of Creditor Rights And Interests On The P2P Lending

Posted on:2017-03-24Degree:MasterType:Thesis
Country:ChinaCandidate:Y F YangFull Text:PDF
GTID:2346330488972616Subject:legal
Abstract/Summary:PDF Full Text Request
In recent years, China's economic level showed a rising trend, people's income and living standards improved dramatically.The proportion that living consumption expenditure accounted for household expenditure decreased gradually. In order to make the biggest use of the idle funds in their hands, more and more people began to turn their attention to the stock, futures, funds and other investment tools.However, sharp fluctuations in the stock market and low yield of bank financial products make complaints are heard everywhere. At the same time, the convenience and high yield of P2 P lending happen to make up the deficiency of the financial products mentioned above, sought after by more and more investors.Since 2007, China's first P2 P platform has been established,the number of P2 P platform in our country has reached more than 2000 and the data is still increasing.However, lack of supervision and the absence of relevant laws and regulations brings a lot of illegal events during the rapid development of the whole industry,such as some people in the guise of P2 P platform to engage in illegal fund-raising even fraud, some platforms use creditor's funds for other purposes.will be with other creditors of the diversion of funds. When people get high returns,they also experienced all kinds of vicious incident, such as fraud, fled, close down and default of debtor. Therefore, in order to protect the creditor's rights and interests. In this article,after systematic analysis of the risk factors that infringe the creditor's rights and interests,put forward the corresponding risk prevention measures and legal suggestions,thus the entire industry in the future to be able to obtain a more long-term stable development.This paper is divided into four parts:The first part is mainly talk about the concept of P2 P online lending.It introduces the meaning, characteristics and development of P2 P online lending.The P2 P online lending depends on the internet platform to achieve loans between the individual and the individual, personal and corporate borrowing funds or other organizations.It has extensive participation, convenient transactions, higher yield characteristics, with the development of economy, the P2 P online lending continues to grow, however, lack of legislation and regulation also raises a lot of questions.The second part mainly discusses the basic theory related to P2 P online lending creditors. During the P2 P online lending process, the creditor and the platform establish a intermediary contract relationship, forming a debt relationship with the debtor.when creditors become platform users,they enjoy the right to know information, right to choose the loan and lending platform,they also need to provide loans on time, regulate their own behavior and take other obligations.The third part mainly analyzes the existing problems and situations that current laws and regulations on the protection of the creditor's rights and interests of the P2 P online lending.For P2 P lending, there has not yet issued specific legal norms,the industry itself has not established platform operation standard, although”Guiding Opinions on Promoting the Healthy Development of Internet Banking”had been released in 2015,but in practice, still appears problems of creditor's illegal operations, default of debtors, platform funding strand breaks and illegal fund-raising and so on, which infringed the rights and interests of creditors. The fourth part from the establishment of relevant laws,it is necessary to introduce a special "P2P network lending law" so that the whole business have the law to regulate; at the same time, to further improve the qualification of the management system, including improving the personal credit system, strengthen the creditor risk education and market access management and establish the debtor credit rating system;to strengthen the supervision and management of the platform, which is the effective way to improve the market supervision system; establishment of diversified relief mechanism, speeding up the development of creditor's safeguard rights approach, encourage to set up the industry self-discipline organization, in order to better safeguard the interests of creditors.
Keywords/Search Tags:P2P online lending, market access, personal credit, representative litigation
PDF Full Text Request
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