| Peer-to-peer lending is a kind of popular financial service model of "Internet +private loan" which is produced in the process of Internet financial development.It not only has the advantages of private lending to solve the personal and small and medium-sized enterprises,but also through the network to break through the popularity and geographical constraints,making the borrower through the Peer-to-peer lending platform to facilitate access to information exchange,loan matching,capital payment and other services.As Peer-to-peer lending to solve the narrow channel of China's small and medium-sized financing channels,and financial regulatory authorities tolerance expectations through the development of Peer-to-peer lendings to promote the development of the financial industry,so Peer-to-peer lending in the early experience of a period of barbaric growth.This stage shows the growth of the number of net loan platform,the total amount of industry borrowing steep rise,resulting in such as security model,the transfer of credit and other models with Chinese characteristics of the model innovation.But too fast development has also brought a series of problems,due to the spontaneous characteristics of the market,as the main body of the network loan platform caused by the lack of credit,security,format terms unfair,information security and a series of risks,threatening Platform customer rights also affect the development of Peer-to-peer lending industry and the public interest.In order to comply with the changes in industrial structure,led Peer-to-peer lending industry embarked on the legal system and the road of compliance,China has promulgated the "on the promotion of the healthy development of Internet financial guidance","on the trial of civil lending cases applicable to a number of issues,"Interim Measures for the Management of Business Activities of Internet Borrowing Information Agencies" and a series of local laws and regulations,but these legal documents do not have a perfect combination with the existing civil and commercial legal system,and for the Peer-to-peer lending platform has not yet formed a system of legal regulation,The relevant laws and regulations can not properly solve the network loan platform business activities in the various problems,there is a strong lag.The performance of the existing laws and regulations:1,the existing laws and regulations did not Peer-to-peer lending platform to determine the nature of the main character makes the parties legal relationship is not clear;Second,did not form a perfect industry access standards,resulting in industry access threshold is too low,Cohabitation;Third,Peer-to-peer lending platform rights and obligations are not clear,there is no trace of responsibility to be able to find.Prior to this,the theoretical circles for Peer-to-peer lending research focused on industry regulation,capital management,platform security and other issues,in the network loan platform legal positioning of the theoretical research results less,leading to China's financial regulatory departments one-sided Positioning network loan platform for the "information intermediary." The innovation of this paper lies in the idea that Peer-to-peer borrowing platform is the definition of "special business intercourse",laying the foundation for the improvement of industry access conditions for Peer-to-peer borrowing platform and the discussion of platform type and liability.The theoretical significance of this paper is to clarify the civil legal nature of the Peer-to-peer lending platform by combing the civil legal relationship between the Peer-to-peer lending platform and the customer,so as to clarify the rights and obligations and responsibility of the network loan platform.And on the basis of the existing industry access conditions analysis based on the experience of the United States and the United States,put forward the proposal to improve the platform access conditions.It is intended to enrich the research of the civil legal nature of the platform in our country and provide a new way to perfect the legal regulation of Peer-to-peer lending platform in China,and provide some methods and theoretical basis for the pre-procedure and post-processing.The practical significance of this paper is to provide a new way to promote the negotiation of Peer-to-peer lending industry and solve the problem of chaos in the industry through the discussion of the nature of the loan loan platform,the conditions of access,the obligation and the responsibility commitment.,To build the Internet financial ecological environment,maintaining the public interest to provide a new method.This paper mainly uses the method of empirical analysis,literature research and comparative law to take the legal risk caused by Peer-to-peer lending as the starting point,analyze the causes of the risk,and draw the conclusion that the nature of the platform is unknown.And then analyze the characteristics of the platform business,combing the platform and the customer's legal relationship,based on the Peer-to-peer lending platform identified as "Special commercial mediator."Finally,it discusses the industry access conditions that should be satisfied as the "special business intermedters" and the types of obligations and responsibilities that are different from the general intermediary.This paper is divided into four parts:The first part expounds the development of Peer-to-peer lending platform in China and the problems in the development,and then lists the risk types caused by Peer-to-peer lending platform and analyzes the causes of risk.The crux of the problem lies in the existing laws and regulations for the Peer-to-peer lending platform qualitative inaccurate,resulting in existing laws and regulations can not solve the problem of ownership,can not find the corresponding laws and regulations on the platform obligations to specific regulation.Therefore,it is the key to solve the problem of information asymmetry and to avoid the legal risk of P2P network borrowing platform by clearly defining the nature of Peer-to-peer lending platform and putting Peer-to-peer lending platform into the legal framework to regulate its rights and obligations.'The second part evaluates the existing legal documents on the Peer-to-peer lending platform qualitative problems,sort out the Peer-to-peer lending platform and the customer's legal relationship and the characteristics of network lending business,combined with the "Contract Law" on the relevant provisions of the intermediary,Peer-to-peer lending platform is "business intercourse";and then analyze the Internet with the characteristics of Peer-to-peer lending platform and the traditional differences between the obligations and responsibilities,and ultimately the Peer-to-peer lending platform is defined as "Special commercial mediator."The third part analyzes the existing problems of the current conditions of China's Peer-to-peer lending platform,and draws lessons from the mature experience of the Anglo-American countries,and puts forward the suggestions for perfecting the conditions of China's Peer-to-peer lending industry.The fourth part discusses the obligations and responsibilities of Peer-to-peer lending platform.This paper expounds the obligations of Peer-to-peer lending platform as a new "intermediary" born under the new situation of Internet,and analyzes the related issues of contract responsibility and tort liability. |
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