Research On Legal Risk Control Of P2P Lending

P2P Lending is a new form of traditional folk lending in the Internet era,It relies on the Internet to direct loans to both sides.This form of traditional lending has the advantages of traditional folk lending can not be compared to the fast and efficient,For China's small and micro enterprises,self-employed households and individuals need to provide a good financing channels.After nearly ten years of rapid development,P2 P Lending is now very large scale,the amount of financing platform has reached trillion,It plays an important role in the circulation of social capital.Previously due to its legal supervision in the vacuum,showing uneven development,There have been a lot of money absconded,illegal operation of negative events,Led to a sharp reduction in its social trust.Subsequently,the state has issued a series of regulations to regulate the P2 P Lending,In 2016,China Banking Regulatory Commission“Interim Measures for the administration of the business activities of Internet lending information intermediaries”,hereinafter referred to as”Lending Interim Measures”.It plays an important role in the development of P2 P Lending industry,However,the document for the P2 P Lending's legal risk prevention and control of specific deficiencies still insufficient.for example,Due to the borrower's credit rating has no uniform standards lead to higher default risk;Due to the operation of Funds Trust in the operation of the platform is difficult to transfer the legal risk of funds;The legal risk of usury due to the strict restriction of interest rate;The legal risk of money laundering due to the lack of strict examination of the sources of funds;Due to the lack of information disclosure platform and exit mechanisms lead to irresponsible escape things occurred;And due to the lack of attention to the protection of personal information and the lack of tracking the use of funds for the purpose of the loan management lead to improper use of loans,illegal fund-raising and legal risk of contract fraud.Through in-depth analysis of the above legal risks,and learn from foreign experience at the same time,Put forward suggestions to perfect the legal risk of P2 P Lending in our country,In order to provide a reference for the healthy development of the industry.