| P2P lending,its history dates back to 2005,when in the UK created a P2 P lending platform,agreement space.It provides personal to personal's loan services online.P2 P lending industry in China originated in 2007,PPDAI was established in Shanghai is China's earliest P2 P lending platform.Then present a continued growth in the number of P2 P lending platform in our country,but our P2 P lending platform are very different to the foreign typical P2 P lending platform,there are mainly flat table model,break-even interest model,model of standard products,creditor's rights transfer,and so on.And on the regulatory regime is always lags behind the development of the platform speed,led to the development of the industry,a mess of financial consumer rights and interests can not get effective guarantee.From July 18,2015,the people's bank of China and ten departments jointly issued the guiding opinions on promoting the healthy development of the Internet financial,countries began to gradually strengthen the supervision for P2 P lending industry.From the original wild growth,to the present regulation rules introduced gradually,now in a critical period of supervision measures to improve,the importance and necessity of financial consumer's legitimate rights and interests protection show itself.But in the P2 P lending industry at present,the financial consumer's legal rights and interests protection is still in a transition period,more regulatory rules need to perfect,infringes upon the lawful rights and interests of consumer financial is still a lot,for example,capital security,information disclosure,privacy issues,fair trade,resolution of dispute and so on.The legal specific measure of financial consumer's legitimate rights and interests protection in the P2 P lending,it is a systematic engineering,involving many aspects of perfect measures.First of all,the basic concept in the field of financial consumer,protection principles and concepts,as well as the measures are not clear,need a complete unified law to be regulated.Second,the regulatory system also has many shortcomings,need to modify the current regulatory system,for regulatory loopholes,also need to make corresponding rules and regulations as soon as possible.Third,is to conform to the trend of “financial mixed”,set up the special rights and interests of consumer financial protection agency,collaborative special protection for the lawful rights and interests of financial consumers.Finally,improving the implementation details of various measures,reducing financial cost of settlingdisputes,making solutions connected.In addition to the introduction,this paper is divided into four parts:The first part: The concept,characteristics and rights of financial consumers in the P2 P lending.This part mainly defines the P2 P lending and the concept of “financial consumers”,which is the foundation for system analysis of the concept of the beginning;And for the characteristics of the P2 P lending in China,the characteristics of financial consumers and the main rights of financial consumers,and explicit the background and direction of this article.The second part: the P2 P lending financial consumers rights infringement's actuality in our country.This part according to the characteristics of the P2 P lending industry,the financial consumers rights infringement,carried on the thorough analysis of the current situation of the financial consumer's rights infringement mainly divided into the following situation: accounts safety not guaranteed,imperfect information disclosure system,the justice of exchange is not susceptible to security,financial consumer privacy infringement,financial consumer dispute resolution.And this laid the foundation of the concrete countermeasures and defects in the research.The third part: financial consumer rights and interests protection law system defects in the P2 P lending.This part,from the perspective of the consumer financial tilt protection concept,legal system,dig deep defects of the existing system.The fourth part: the countermeasures of financial consumer rights and interests protection in the P2 P lending.This part is the focus of the full text,mainly from strengthening slope protection concepts,formulate unified complete financial consumers' rights and interests protection law,the perfection of consumer financial protection agency functions,the improvement of the specific supervision system,the diversification of financial consumption disputes solution and other aspects to obtain,and the current concrete countermeasures are further described. |
PDF Full Text Request