| P2P is English,"Peer to Peer" acronym,Chinese translated as "point to point" or "person to person" means,P2 P network lending refers to the combination of folk microfinance and the Internet,through the third party network platform,to provide transaction information for lenders and borrowers,the promotion of folk loan contract the establishment of a financing mode.In June 2015,the Supreme People's court passed the regulations on several issues applicable to the trial of private lending cases,which clearly recognized the status and role of private lending in the system.P2 P lending is a loan formed between citizens,legal persons and other organizations under the help of network lending platform of information intermediaries.Its nature is still private lending.P2 P network lending is a kind of investment and financing way that is recognized and guaranteed by law.The Third Plenary Session of the eighteen Central Committee of the party put forward the goal of promoting the development of Inclusive Finance.P2 P lending is a way of investment and financing which is mainly for individuals and small and micro businesses.It serves the group that is not easy to be covered by traditional financial services,which coincides with the development goal of Inclusive Finance.Under the encouragement and promotion of law and policy,in recent years,as a new financial model,P2 P network lending has developed rapidly in our country.The main participants of P2 P network lending include the network lending platform,investors and borrowers as information intermediaries.The guarantee agency and the audit regulatory body are also the main body of the P2 P network lending relationship.The P2 P network loan relationship is composed of several legal relationships,and the main support of the network is the loan relationship between the investor and the borrower.There is a legal relationship between the investor and the borrower,respectively,between the investor and the borrower.Since the first P2 P network lending platform in China was established in Beijing in April 2006,P2 P network lending has experienced the development stage of germination,growth,adjustment and elimination and vigorous development in China.The emergence and development of things will inevitably experience the process of zigzag forward and spiral rise.The P2 P network lending platform since the root since the course of rapid growth and the tremendous progress,P2 P network lending platform like bamboo shoots after a spring rain grows,the number was showing explosive growth.However,there are many P2 P network lending platforms that are not well managed,failed,failed or even run illegally,which can damage customers' rights and interests and threaten the stability of financial order.The reason is that there is not only a lack of operation experience,but also a lack of relevant laws and regulations,imperfect system and imperfect external environment,and so on.P2P network lending platform as the P2 P network lending relationship plays a leading role in the business.Its success or failure is closely related to the development of P2 P network lending business.On the other hand,Internet lending is still in the market period,and the investment environment,risk awareness and investor education are not mature enough.Investor education,which makes investors more rational and controls the investment risk of investors,is a key step to promote the healthy development of P2 P network lending.It is also the only way to cultivate the market.Because there is no mature investor,it is impossible to have a mature market and an important driving force for the maturity of the market when the investor is mature.The borrower is one of the necessary subjects in the P2 P network lending,and the protection of its rights and the norms of its obligations are also indispensable.This paper focuses on the legal problems of P2 P lending,including the legal issues of online lending platform,lenders and borrowers.Including the development of P2 P network lending platform based on the analysis of the problems in the filing system and license system choice,the legitimacy of some business models,business risk analysis with the law;and expounds its facing some internal and external risk investment risk investment in the lender,and the risk of legal thinking;from the two angles of inhibition of illegal acts and safeguard the rights and interests and discusses some legal problems of the borrower.With the accumulation of development experience and the perfection of legal norms and operation mechanism,P2 P network lending will generate new vitality in our country,and promote the progress of Internet Inclusive Finance and bring benefits to the people. |
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