| Due to the rapid development of Internet technology,all walks of life has undergone enormous changes.With the continuous development of economy and the progress of the society,the innovation and development of all walks of life are inseparable from the application and development of Internet technology,especially in the financial field.In recent years,driven by the Internet technology,the financial field has undergone tremendous changes,and the emergence of online lending platform is a typical representative of the innovation in financial field therein.The emergence of online lending platform not only speeds up the networked process of traditional private lending,but also changes the financial structure in our country,and promotes the innovation and development of financial field,at the same time,it brings a new way of investment to investors.As the most important participant in online lending,investors are at the core of online lending.In the face of the new model and new problems,how to weigh the development of online lending and protect the legitimate rights and interests of investors is a major choice faced by China's legal construction and regulation.Through analyzing the infringement of Right to Know,Right of Property Security,Right of Claim for investors in “Ezubao” event,this paper discusses the existing problems in protection of the rights and interests of investors in online lending and puts forward corresponding suggestions.In addition to the Introduction and Conclusion,this paper is divided into three parts:The first chapter is the introduction and the analysis of controversial focus of "Ezubao" event.This chapter begins with a brief introduction to “Ezubao” event,and then analyses the focus of controversy in this case.The main focus of controversy including whether the nature of “Ezubao” platform is P2 P model or not and the legitimacy identification of online lending model,whether it is suspected of self-financing,whether it is suspected of illegal security,whether it is suspected of illegal fund-raising and the identification of qualified investors.Through the analysis,it is found that there is self-financing,illegal guarantee and illegal fund-raising in “Ezubao” platform,which paves the way for the infringement of rights and interests of investors in “Ezubao” event in the second part of this paper.The second chapter is the infringement of rights and interests of investors in “Ezubao” event.Through the analysis of first chapter,we can know that there are illegal acts in “Ezubao” platform.Therefore,this chapter mainly discusses the illegal acts against the legitimate rights and interests of investors from three aspects.The first part discusses the infringement of Right to Know;the second part analyzes the infringement of Right of Property Security;and the last part analyzes the infringement of Right of Claim for investors in “Ezubao” event.The third chapter is the reflection and suggestions brought by “Ezubao” event.This chapter mainly includes two parts: Firstly,it discusses the problems in the protection of rights and interests of investors in online lending.The main problems in the protection of the rights and interests of investors mainly include the lack of market access system of online lending platform,the asymmetry of information caused by insufficient information disclosure and the imperfection of qualified investor system.Secondly,it draws proposals for the protection of the rights and interests of investors in online lending.For the problems in the protection of the rights and interests of investors in online lending,this paper puts forward corresponding suggestions such as establishing a complete market access system of online lending platform,strengthening the obligation of information disclosure of online lending platform,establishing a complete system of qualified investor and strengthening self-education of investors. |
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