The Research Of Self-guaranteen Of The Lending Network Platform

The person-to-person lending on network,as a useful complement to private lending,play an important economic role for small-scale enterprises to attract investment and expand the scale.The platform providing a guarantee itself is a business model of lending on network,which is a industry norm in the begining,while now become a restricted area of lending on nerwork,which leading to a wide controversy between the academic and practical community.I think the platform providing security is legal and is in line with the “risk to be self-supporting”economic characteristics of the financial market.On this basis,this article focuses on the analysis of the legal risks of the platform privating security itself,and then put forward some relevant regulatory measures,which hope to contribute to our contry's relevant legal system and network lending practice.The difficulty and innovation of this article lies in the feasibility of the platform providing guarantee itself to remove and the introduction of insurance to the lending on network.In addition to the introduction,the body consists of four parts.The first part mainly elaborates the legitimacy qualification and the value judgment of the guarantee provided by the network platform of lending.Whether the platform itself can provide security,some replays scattered in a variety of departmental regulations,regulatory policies,not in the law to make a clear provision.But I believe that from the legal analysis,the platform providing self-guarantee is legal,and can enfance the effectiveness of claims externally,improve the credit level of practical value internally.The second part analyzes the two main legal relations under the self-guarantee of the network lending platform: the relationship between the loan contract and the guarantee of legal relationship,combined with the special environment of the Internet,and then specifically discusses the verification of the legal subject qualification and the validity of the relevant contract.The third part introduces and compares the three modes of platform self-guarantee by means of empirical research,and briefly introduces the guarantee mode of some famous foreign platforms.I found that any kind of guarantee model have their advantages and disadvantages,but in practice,the risk reserve model takes the most extensive.Although the self-guarantee platform has been banned by the regulators,the regulatory principles of "no guarantee of the platform" do not have much practical effect before specific law promulgates.The fourth part focuses on the legal risk of the guarantee of platform itself and puts forward some matching regulatory measures for each risk.On this basis,it analyzes the possibility of the removing of the guarantee of platform itself.I believe that if we are committed to improving the credit system,it just aruond the corner.In this process,for the network lending industry,in addition to enhance their operational capacity,especially wind control capacity,but also can seek cooperations with the trust companies,insurance companies and so others to start business cooperations,such as the insurance business.