Research On The Legal Problems Of The Subject Of P2P Network Loan In China

China's traditional financing market,mainly in the main banking institutions,on the one hand in order to ensure the safety of funds,banking institutions of foreign loans usually set a very high standard financing,these relatively high lending standards led to the result that large companies can not charge The slightest effort can get the bank's loans,but for small and medium enterprises and individuals because of their own conditions can not meet the bank's lending standards can only be discouraged;the other hand,the banks need to spend a lot of time,manpower,material resources,Investigate the financial situation and repayment ability of small and medium enterprises before deciding whether to lend.But large enterprises because of its social impact,well-funded,scale of operation and others,the bank does not need to spend so much money when the lending.Banks strict lending standards and small and medium enterprises and individuals demand for funds led to the growing prosperity of private lending.The traditional private lending with the rapid development of Internet technology opened up a new platform for borrowing-network lending platform,p2p network lending was born.China's p2p network lending platform is an exotic,in the development of China and the actual situation does not match a series of problems:the network lending legislation is not perfect;p2p network borrowing the three parties the rights and obligations of the main body is not clear;both sides of the loan protection mechanism is Unsound;access and exit mechanism and supervision mechanism is imperfect;lack of personal credit system and information disclosure system;The lending supervision of p2p network is imperfect.Leading to p2p platform make off with money,diffcult to withdraw cash,defraud,in the transaction damage to the interests of the lender,damage the interests of the borrower's rights,and even lead to criminal problems and other endless.This paper puts forward some suggestions on specific issues,including special legislation,perfecting the laws of the Internet,clarify the rights and obligations of both parties,formulate access and exit mechanism,strengthen information disclosure and supervision,and establish personal credit system.P2p borrowing the use of the Internet technology,to solve the small and medium enterprises and individuals on the demand for funds to achieve financial innovation.From the point of view,p2p Internet borrowing is one of the main ways to achieve Pratt&Whitney finance in economy.It can realize financial democracy politically and its social value can not be underestimated.Therefore,p2p network lending has a high research value.