A Research On Legal Regulation Of Network Lending Platform

To define the network lending platform is the logical starting point of legal regulation of network lending platform. Before defining it, we must first define the network lending,clarify the relationship between the network lending and the private loan and the traditional financial loan,then distinguish the network lending platform and online banking,securities companies and small loan companies on the basis of task above,and thus accurately defined the network lending platform. Derived from the innovation in the development process Network lending platform in our country derives three models which are different from each other——model of micro-finance,creditor's rights transfer mode and guarantee model, each presents different characteristics. Under the current legal provisions, the network lending platform is defined as the financial information agency, in the legal status of ordinary corporate legal company. However, this legal status can not be compatible with the characteristics of different models, do not meet the development of the network lending platform itself.The development of China's network lending platform has shown the characteristics of abnormal prosperity and problem coexistence around 2013: the total number of platforms continues to increase,the platform of the problem is endless; the turnover is rising and the bad debt rate is high; the coverage is expanding and the chaos Regional concentration; network lending platform innovation, risk index rising. In the legislation of the network lending platform, the Interim Measures for the Administration of Business Activities of Internet Lending Information Agencies was issued in 2016, which cleared the legal status of the platform while banning debt transfer mode and greatly limit guarantee mode, the provisions of the three supporting system. But the the right obligation legislation of the network lending platform is not clear. The present situation of judicature shows that the civil liability is very few, and the criminal responsibility is more important.There is a lack of comprehensiveness and accuracy in the definition of the network lending platform. The rights and obligations of the network lending platform are not clear,and the responsibility system of the network lending platform is of heavy penalty and light civil liability. As well as the role of civil self-discipline organizations have not been fully paid attention to the lack of issues. Analysis of the causes of these problems can be seen:the improper behavior is the direct cause of the problem; the lack of legal provisions is the root cause of improper behavior; lack of civil and commercial law is the main reason leading to the status.On the basis of analyzing the definition, mode and legal status of the network lending platform, this paper examines its current situation, sums up the five problems of the legal regulation of the network lending platform and analyzes the reasons, and then puts forward five pieces of advice to solve the problems: modify the civil and commercial laws to regulate the network lending platform from top to bottom; treat the qualification of network lending platform differently, learn from foreign experience to give securities companies status; clear network lending platform of civil rights and obligations; strengthen the legal regulation of network lending platform of civil responsibility and play the role of private industry self-discipline organization,in order to ensure the network lending platform in keeping innovation ability under the health and sustainable development and be benefit from it.