Font Size: a A A

The Improvement Of Regulatory Legislation Of P2P Lending In China

Posted on:2019-02-25Degree:MasterType:Thesis
Country:ChinaCandidate:P SunFull Text:PDF
GTID:2346330542997718Subject:Law
Abstract/Summary:PDF Full Text Request
In many forms that the Internet and finance competitively developed,the number and scale of P2P network lending have risen rapidly in recent years,and gradually occupied the dominant position in the field of Internet finance,attracting many investors,practitioners and the media people with its "inclusive" value concept and"convenient" mode of operation.There is no doubt that in the present concept,P2P network lending has obviously become the synonym of the Internet finance.However,the P2P network lending industry that seems to be advancing and rising along the way,but is full of thorns and hidden worries.In recent years,the news regarding P2P network lending platform abscond away with money,losing credibility or even suspected crime has caused certain negative effects on the prosperity of economy,security and stability of society,and peaceful living and working of people.The P2P network lending industry that seems to be advancing and rising along the way,but is full of thorns and hidden worries.In recent years,the news regarding P2P network lending platform abscond away with money,losing credibility or even suspected crime has caused certain negative effects on the prosperity of economy,security and stability of society,and peaceful living and working of people.In order to ensure the healthy development of P2P network lending industry,China has formulated the relevant regulations and legislations in recent years,which initially established the regulatory legal system for P2P network lending.Especially since May 2015,the rapid development of the out-of-control P2P network lending industry has detonated the stock disaster,which objectively forced our country to reinforce the force of remediation to P2P network lending industry.However,after all the laws and regulations hastily being implemented,a certain degree of inadequacy has appeared to China's P2P network lending industry.The rationality and applicability of the current legal system and other issues have further triggered people's thinking and questioning."Investigation of things" must be prior to "To know".P2P network lending and the industry itself must be deconstructed prior to strengthening P2P network lending supervision legal system.P2P network lending was originated in Europe and America,and entered into our country in 2007.It has broken through many restrictions of traditional finance,by taking the folk lending as core,taking the network technology as channel and taking the inclusive finance as orientation,transplanted the loaning behavior and its process to the internet.It also involves many kinds of legal relations such as loan,intermediary,guarantee,agency etc.,which is the beneficial attempt and significant innovation in the field of Internet finance.P2P network lending industry has gone through the stages of germination,eruption and integration etc.in our country.At present,there are about thousands of active platforms that complete a trillion yuan of trading volume each year,which has made a certain contribution to the prosperity and development of financial field.When looking back on the past,it is not difficult to find that P2P network lending industry in our country has experienced a period of "savage growth" of lack of supervision.Although the volume of the industry has been rising and the market is gradually maturing,the risk is still high and the problems are occurred frequenctly,the regulatory supervision has become an inevitable trend.Therefore,since 2016,four laws and regulations have been continuously drawn up by relevant central ministries and departments,which have systematically regulated the legal nature,operation mechanism,supervision mode and business process of P2P network lending industry in China.The operation of these systems has played a positive role in the standardization development of P2P network lending industry in China.However,there are still some disputes and problems in the implementation of supervision principle,definition of platform mode,selection of bottom system,construction of credit system,protection of investors' rights and interests,etc.It needs to be optimized on the basis of ongoing research,analysis and discussion.P2P network lending is a new industry in the field of finance.The regulators should not only rationally recognize its existing value,but objectively analyze its shortcomings and defects.Through updating the conception of thinking and innovating management measures,comprehensively implement and highlight the principles of "legal supervision,moderate supervision,classified supervision,collaborative supervision and innovative supervision",consider the current situation and development needs of the P2P network lending industry as a whole,and treat the existence of a variety of operation models with a more inclusive attitude.Adjust and optimize the bottom system,further extend the network lending platform and its practitioners of major credit transactions report inquiry mechanism,and establish P2P network lending participants network community under the leadership of official guide.Gather the positive energy of risk control and protection of rights and interests,through the continuous improvements to the regulatory legal system,the standard operation level and risk control capacity of platform have been improved.Promote the healthy development of the P2P network lending industry in our country to guide it to exert its due inclusive financial value.
Keywords/Search Tags:Online finance, P2P network lending, Regulatory system, Legal countermeasure
PDF Full Text Request
Related items