Research Of Legal Prevention And Control Of P2P Lending Risk

P2P lending combines Internet technology with the folk lending and establishes direct lending relationship between unacquainted borrowers and lenders with the help of Internet technology,which becomes favourable complement for traditional finance.P2P lending not only solves financing difficulties of individuals and SMES to a certain extent,but also increases efficiency of social idle funds by opening up new investment routes for lenders who have idle cash.Thus,P2P lending developed rapidly after it is introduced to china since 2007.However,with the rapid development of P2P lending industry,the risk of it is gradually exposed.Due to unsound credit system,the lag of legal supervision,lenders' weak ability to identify risk and low risk tolerance,P2P lending diverges from the course.Illegality,such as overdue default,platform collapsing,absconding,and illegal fund-raising,happens all the time,which makes lenders suffer huge losses and also severely disrupts finance order.Therefore,legislative suggestions of P2P lending risk prevention and control should be put forward with the combination of foreign advanced experience and the situation of our country.Furthermore,on the basis of comprehensive analysis of P2P lending risks,P2P lending will play a positive role in the industry and promote its sustainable and healthy development.This paper is divided into four parts:The first part is the basic theory of P2P lending.This part includes theory analysis,and the basis of the following analysis of concrete problems.First,it defines the concept of the P2P lending,and analyzes the main characteristics of the P2P lending.Second,it introduces the main operation mode of the P2P lending platform in our country,and legal status cognizance of P2P lending platform in theory and regulations.At last,the main legal relationships in P2P lending are analyzed according to different operating modes.The second part is the P2P lending risk analysis.This part is one of the core of the article.The possible risk resources in loan contract relations,the brokerage contract and guaranty contract relations are analyzed based on the main legal relationship.Root causes of problems are found after this analysis,which is a steppingstone for suiting the remedy to the case and putting forward the method to the problem blew.The third part is a comparative study of Sino-foreign P2P lending risk prevention and control legislation.A lot of experience has been accumulated in the development of P2P lending in the Anglo-American countries.By means of comparative analysis of Sino-foreign P2P lending risk prevention and control legislation,and advanced experience which meets our national conditions,we can improve the legal system of P2P lending risk prevention and control in our country.The fourth part involves legislative proposals of P2P lending risk prevention and control.This part is one of the core of the article,and also the ultimate foothold of articles.By means of previous analysis,and lessons from Anglo-American countries' advanced experience,legislative proposals are put forward for P2P lending risk prevention and control in four aspects: loan contract,brokerage contract,guarantee contracts and supervision.