On The Legal Supervision Of P2P Network Loan In China

Peer to Peer (Peer to Peer) as a new type of Internet lending, rapid development in China, from the early shooting to set up to the peak of nearly 4,000 P2P network lending platform company, China has become the world's largest P2P Network lending market.Compared to the scale, P2P network loan industry regulation is to keep up with the development needs of the industry. (Hereinafter referred to as the guidance) on August 24, 2016. The CBRC, the Ministry of Public Security, the State Council and the Ministry of Industry and the Ministry of Industry and the Ministry of Industry jointly issued the first on the issue of P2P (hereinafter referred to as the " (Hereinafter referred to as the Interim Measures), so that China's P2P network lending industry from the "law in accordance with the" state, the industry has entered a regulatory adjustment period. "The network lending sector regulations" network lending information intermediary business activities Interim Measures " In this paper,before and after the supervision of the P2P network lending industry changes in the comparison, for the "Interim Measures" after the implementation of the 12 months of the remediation period, the "Interim Measures" in the larger provisions of the dispute with the P2P network lending industry The actual situation of dialectical analysis,pointed out that China's P2P network lending industry to ensure the development of innovation in the premise of healthy and orderly development,and follow-up regulatory measures to make some recommendations for the regulatory authorities and P2P network lending industry reference, this Perfecting the Supervision of P2P Loan in China. The full text is divided into three parts:The first part is the "Interim Measures" before the promulgation of China's P2P network lending industry status and its problems. This part mainly introduces the change pattern of loan, the way of capital deposit, and the mode of increasing the letter. I believe that due to the imperfect credit system, lack of supervision and other reasons, resulting in the practice of P2P network lending industry appeared brutal crazy growth situation, the emergence of many illegal issues, making P2P network lending industry in the cusp.The second part is the content and analysis of the "Interim Measures". This part puts forward that the supervision principle of China's Internet financial industry should deal with the three aspects of the relationship, and the four major directions in the practice of controversy: the qualitative positioning of the platform, capital custody, connected credit system, micro-credit dialectical assessment, Pointing out the problems that arise in practice. The introduction of the "Interim Measures", on the one hand, standardizes the development direction of the whole industry. On the other hand, due to strict supervision,the whole industry has entered the phase of elimination. Many traditional P2P network lending platforms are closed, and the state-owned enterprises, insurance department,Internet with its own financial strength and special background, and gradually in the P2P network lending industry occupies a place, the future of P2P network lending industry will gradually show the industry centralized or even monopoly. If the future industry monopoly situation, will affect its innovation and development.The third part is the reference method of Anglo - American P2P network loan supervision mode. This part points out that the supervision of the United States and the United States P2P network loan industry is more mature, each presents different characteristics, find suitable for China's regulatory approach is conducive to the healthy development of P2P network loan industry.The fourth part is to improve China's P2P network lending regulatory recommendations. This part of the four aspects: platform access threshold,capital custody, credit system, industry self-regulatory information management recommendations for the next step in the regulatory authorities to provide a comprehensive regulatory approach to reference, but also for the P2P network lending platform in the rectification period How to cooperate with the new regulations to rectify the legal compliance to provide advice. The direction of future supervision should pay attention to the unity of principle and flexibility, grasp the relationship between strict supervision and moderate supervision, pay attention to the role of supervision and innovation in the process of development, play the self-regulation of industry self-discipline organization and market mechanism Role, and promote stable development of the industry.