Research On The Legal Regulation Of China' P2P Lending Platform

As a new mode of lending, P2P Lending has the characteristics of "Pratt & Whitney Finance",which is of great significance to speed up the construction of multilevel capital market in our country, realize the diversification of China 's financial system and improve the allocation of social and economic resources. However, due to the lack of China's present legal supervision of P2P, China's network loan industry has long been in the "three noes" (no access threshold, no industry standards, no regulatory agencies) state. With the popularity of the Internet, P2P network loan platform presents a "savage" development,followed by a large number of problems, the socialist market economy has caused adverse effects. Strengthen the P2P network loan to regulate the regulation, has set the focus of today's national economy issues.This paper is divided into five parts.The first part introduces the origin, operation mode and characteristics of P2P Lending loan. At present, the academic community generally believe that P2P network loan model from Yunus's "Grameen Bank", but in fact, P2P lending loan and "Grameen Bank" there is a big difference, P2P Lending loan has a variety of operating modes , But also with scattered, extensive, high-risk and so on.The second part introduces the development of P2P Lending loan in our country. P2P lending loan in China's development can be divided into a calm period - barbaric development period - strict supervision of three stages. The brutal development period is mainly concentrated in the 2013-2015 three years, this explosive growth also brought a series of problems, as China's supervision of its fuse.The third part describes China's P2P Lending loan industry's current regulatory system and the problems. The main problems of the current P2P Lending loan supervision system include: the lower level of regulatory legislation, the lack of clear legislative objectives; difficult to implement effective supervision of the regulatory authorities; lack of supporting P2P Lending loan infrastructure; investor protection system is still inadequate;Platform money laundering risk; industry association supervision has yet to be strengthened and a series of problems.The fourth part is the analysis of the supervision system of P2P Lending in the United States and Britain. There are many differences between this two country.For example,Britain enacted special laws and regulations for P2P Lending supervision, and give full play to the role of industry associations. However, United States included P2P Lending in the scope of the securities regulatory and have a strict supervision, thus limiting the development of P2P Lending. British and American regulatory net lending P2P experience is helpful to our country, we should "take the essence and discard the dross".The fifth part puts forward suggestions to further improve the legal regulation of China's P2P Lending platform. In view of the problems of P2P Lending supervision in China, the author puts forward six suggestions. First of all, we should establish a unified and coordinated P2P Lending regulation legislation; secondly, regulatory reform, improve the efficiency of supervision; third, strengthen the infrastructure construction of P2P Lending; fourth, to further improve the investor protection system; fifth, increase of P2P Lending money laundering crime criminal supervision and punishment; Sixth, give full play to the industry the association of self regulatory function.