The Research About Legal Governance Of Internet Financial Risks In China

Internet finance as a traditional financial model of innovation in recent ye3 ars by the people of universal concern,as the general public a wide range of hot topic.Internet finance is different from the traditional financial model is that Internet finance is relying on the Internet large data technology,mobile communication technology in the traditional financial model to upgrade,to achieve the financing of funds,payment and information intermediaries developed new financial model.Which in the process of continuous development,not only presents the risk characteristics of the Internet development process,but also has the characteristics of traditional financial development risk,which determines the Internet financial risk is more complex than the traditional financial risk,risk management more difficult.China's Internet financial development time is still relatively short,in the process of continuous development of Internet financial legislation is not perfect,the Internet financial enterprise market access standards are low,mixed business and other issues,but from the current China's Internet financial risk management,the Internet Financial risk is still within the controllable range.The construction of Internet financial legal management system for the Internet financial innovation to provide legal support to reduce the risk of Internet financial innovation,and promote the development of Internet finance should be the current prevention of Internet financial work of the primary goal.The Fourth Plenary Session of the Eighteenth Central Committee of the Communist Party of China put forward the basic strategy of governing the country according to law,which also provided the legal theoretical basis for the financial risk management of Internet in China and accelerated in the process of Internet financial risk management based on the existing legislation of China's existing traditional financial industry Internet financial risk management legislation,and we can learn from Europe and the United States and other countries in the Internet financial risk management related legal experience to regulate the Internet financial industry innovation system and regulatory system to develop suitable for China's Internet financial health development of the regulatory system.Internet financial legislation on the basis of adhering to the Internet financial innovation to give full play to the role of Internet finance to promote economic development,to maintain the sustainable development of the Internet financial industry,safeguarding the legitimate rights and interests of Internet financial consumers.In addition to the introduction and conclusion of this article there are five main contents.The first part focuses on the basic definition and classification of Internet finance.From the definition and classification of Internet finance to facilitate the analysis of China's Internet finance on the basis of a clear understanding of Internet finance in the development process may occur in the risk of the problem,The second part mainly analyzes the risk of the development of Internet finance in China.Internet financial as a new type of financial model,which is both the characteristics of Internet technology itself at the same time the characteristics of traditional finance itself,starting from the Internet financial technology risk to further elaborate the Internet financial development process in the existence of legal risk,regulatory risk,liquidity risk,For the Internet financial risk legislation,the Internet financial risk legal governance system construction has a goal-oriented role.The third part,the main study is the United States and the European Union for the Internet financial risk management experience.The United States for the Internet financial risk management has a sound legal framework for risk management,strengthen the federal government,local state joint supervision,improve the Internet financial consumer protection system and other measures to control the Internet Internet financial risk;the EU is through the transformation of the original Internet Finance Supervise the legal system,strengthen the supervision of the European Central Bank and the Internet banking sector industry self-discipline awareness to manage the Internet financial risks.Different countries or regions in the development process of Internet finance presents different risks,by comparing the two countries and regions of the Internet financial risk of different governance measures,learn from and absorb China's Internet financial risk prevention and governance of the constructive experience for China On the Establishment and Perfection of Legal System of Financial Risk in Internet.The fourth part,the main research is the United States,the European Union and the United Kingdom for the Internet financial risk management experience.The United States for the Internet financial risk management has a sound risk management legal framework to strengthen the federal government and local state joint supervision,improve the Internet financial consumer protection system and other measures to control the Internet Internet financial risk;the EU is through the transformation of the original Internet Finance Supervise the legal system,strengthen the supervision of the European Central Bank and the Internet banking sector industry self-discipline awareness to manage the Internet financial risks.Britain,on the one hand,give full play to the role of the Internet financial industry self-discipline association,by the Internet financial industry self-discipline association to strengthen the supervision of the Internet financial subject,while the British government also to strengthen the main body of the Internet to take a sub-sector targeted supervision.By comparing the different management measures of Internet financial risk in the United States,the European Union and the UK,we can learn from and absorb the constructive experience which is conducive to the prevention and management of Internet financial risks in China,and put forward some suggestions for the establishment and perfection of China's Internet financial risk legal management system.The fifth part is mainly to put forward the specific suggestions on the legal management of China's financial risk.As the traditional financial regulatory legal system is difficult to apply to the Internet financial risk regulation,it should be combined with the characteristics of Internet finance and the specific risks,from the Internet financial risk supervision legislation,credit system construction,local government for Internet financial enterprise supervision,Internet financial enterprise Industry self-discipline and other aspects of the relevant system on the development of China's Internet finance proposed relevant legislative proposals.