Research On Online Dispute Resolution Mechanism Of Peer-to-Peer Lending Dispute

Faced with the growing number of peer-to-peer lending,people usually chooseexisting dispute resolution mechanism to deal with it,such as litigation or consultation.However,it is difficult to resolve peer-to-peer lending disputes quickly and effectively just by existing dispute resolution mechanism,including litigation or consultation,since these disputes always have characteristics such as a relatively small amount of money,a large number of people,and a long distance etc.From the perspective of the economics of law,the litigation is time-consuming and costly,the negotiation is hard to start and low efficiency.Therefore,both of them can not meet the actual demand of many peer-to-peer lending financial consumers.Thus,it is necessary to establish a new type of dispute resolution mechanism in accordance with the characteristics of peer-to-peer lending,so as to realize the orderly development of peer-to-peer lending.This paper first analyzes the existing dispute resolution mechanism of peer-to-peer lending,then argued the feasibility that the online dispute resolution mechanism has in resolving the dispute of peer-to-peer lending both legally and realistically.Furthermore,this paper analyzes the system barriers of peer-to-peer lending dispute resolution mechanism,and puts forward the idea of constructing online dispute resolution mechanism.In addition to the introduction and conclusion,this paper is divided into five parts:The first part is the basic theoretical problem of peer-to-peer lending dispute resolution mechanism.This part mainly introduces the concept and general process of peer-to-peer lending,analyzes the main types of its disputes,then summarizes the concept and mode of online dispute resolution mechanism,finally puts forward the idea that online dispute resolution mechanism is more suitable for peer-to-peer lending dispute resolution.The second part is an overview of existing peer-to-peer lending dispute resolution mechanism in China and its defects.This part first introduces the current legislative situation and specific ways of the existing dispute resolution mechanism of peer-to-peer lending,then analyzes their defects of specifically.The third part shows the practical foundation and system barrier of constructing the peer-to-peer lending dispute resolution mechanism in China.This part first showsthe practical and legal basis of the peer-to-peer lending dispute resolution mechanism in China,then analyzes the system barrier of constructing the online dispute resolution mechanism from three aspects,legislative norms,procedure running and implementation security.The fourth part includes the practical investigation and experience of the online dispute resolution mechanism of financial consumption in EU.In this part,after analyzing the reasons to choose the online dispute resolution mechanism of financial consumption in EU as the example,it also analyzes its successful experience combined with the existing problems in China,then puts forward some relevant experiences for reference.The fifth part is the exploration of improving the peer-to-peer lending dispute resolution mechanism in China.According to the third part,this paper puts forward some constructive suggestions on how to improve the peer-to-peer lending dispute resolution mechanism in China,including legislative norms,procedure running and implementation security.