Study On The Legal Problems Of P2P Network Loan Platform

P2P network loan platform is the carrier of P2 P network loan,in 2006 P2 P network loan platform was first appeared in our country,with the ceaseless innovation of the net loan,the legal nature of the network loan platform also changes.At present domestic network loan platform mainly include the nature of information intermediary institutions and financial intermediaries,as information intermediaries,the P2 P network platform,which rely on the Internet to do business,platform deposits,lending itself,only reports to both borrowing contract opportunities and match both complete borrowing.But as the pool of funds was established,when the network loan platform takes advantage of the pool of funds to lend,the nature of the network loan platform turns to financial intermediation.This article starts from the nature of the network loan platform.On the basis of analyzing the legal nature of the net credit platform,analyzed the legal relationship of net credit platform,then the net credit platform of irregularities and behavior can lead to legal problems were analyzed,and finally put forward the legal advice.The first part analyzes the two legal properties of the platform.And centers on the reason why Information intermediary model was needed,at the same time analysis the current regulator for net credit platform and the advantages and disadvantages,then analyzes the influence of the risks to platform,it is concluded that the information intermediaries turns to nontraditional information intermediaries.Then This paper analyzes the reasons of the platform alienation and expounds the attitude of the regulators.The second part analyzes relations.Legal relationship types into internal legal relations and external legal relations,internal legal relations including platform and intermediary legal relations between the lender and the borrower.Lending legal relations are between lenders and borrowers;the legal relationships are between the online loan platform,the third-party guarantee agency and the lender.The external legal relationship is mainly the legal relationship between the platform and the regulator.The third part analyzes the irregularities of the platform and the legal issues that these behaviors may lead to.Analysis of undisciplined behavior,the type is translated into the behavior that affects the internal legal relationship and the behavior that influences the external legal relationship,the undisciplined behavior is mainly included that the platform audit,loan supervision,privacy,promotion way,the information disclosure,technology security and etc.And then you analyze problems of the behavior that might lead to.The fourth part makes legal advices,the advices include that how to improve legal supervision,how to improve the platform,consumer protection.Legal supervision includes to Improve Laws and regulations,regulatory regime,regulatory content.To improve Laws we should refine the regulations.To improve regulatory regime we should construct the regulatory and self-organizing.To construct the regulatory we should establish an independent internet regulator.To improve self-organizing we should pay attention to the balance of self-regulation organization,strengthening the regulatory role of self-regulation organizations.To improve regulatory content we should take act to information disclosure,entry and exit,business management supervision.To improve the platform we should set standard to how to entry and exit the industry and establish a unified regulatory regime.To improve the platform we should build the post-loan management and perfect risk assessment and normative platform promotion.To build the post-loan management includes platform credit evaluation and to establish the supervision.To protect consumer we should refine the regulations and take consumers as financial consumers and protect the information of consumers and enhance aware of the self-protection of consumers.