Analysis On Legal Nature And Regulation Of P2P Financial "Intermediary" Service Platform

With the development of the Internet,in the current social life,the economic exchanges between people are not limited to the real circle of friends.The network is not only a tool,but it has become a kind of social ecological form to some extent,and it is also true in the economic field.This is also reflected in the Internet finance field.The P2P platform is one of the common ways.In recent years,China's P2P platform has been developing like a mushroom,and it has become one of the new things that society is paying close attention to.However,after the phenomenon of prosperity,there is a continuous emergence of negative news,such as the difficulty of withdrawal,malicious running,suspected illegal fundraising,and cyber fraud.These appearances have brought stability to the economy and society of the entire market.Great negative effect.Therefore,how to better regulate the P2P platform becomes an important issue that needs to be solved urgently.In addition to the introduction and conclusion,this paper mainly consists of four parts:The first part is an overview of the P2P platform.First of all,from the P2P concept,historical evolution,and the development of China's P2P platform,the P2P platform is introduced in a macro.Secondly,it introduced the P2P operating model both at home and abroad.The first is the operating mode of the P2P platform in the world.It mainly introduces the P2P platform Lending Club and Prosper in the United States and Zopa,the UK P2P platform.Secondly,it introduces the three operating modes and their legal relationship analysis of China's P2P platform.Including pure intermediary service model,security model and creditor rights transfer model.The second part introduces the legal nature of the P2P platform.First of all,it mainly analyzes the similar or related behaviors of P2P online lending and private lending,asset securitization and illegal fundraising.Then it discusses the existing laws and regulations on the characterization of the P2P platform,and then proposes rethinking the platform qualitatively.The third part introduces the regulatory status of the P2P platform.First,it introduces the theoretical basis for P2P platform supervision,including the"information asymmetry" theory of the parties involved in market economic activities and the "double peak theory" of financial supervision.Secondly,it introduces the extraterritorial experience of the legal supervision of P2P platforms.This section uses comparative research methods to introduce the extraterritorial experience of the P2P platform's legal supervision,mainly taking the United States and the United Kingdom as examples,and introducing them from two aspects:the regulatory body and the regulatory system.Finally,the status quo of China's P2P platform supervision,the main content is China's current lack of supervision of the P2P platform,the introduction of regulatory bodies,and P2P platform involves risks including credit risk,operational risk,cyber risks,laws and policies Risks and risks of improper disclosure of platform information.The fourth part puts forward concrete measures to improve the legal supervision of China's P2P platform.First of all,it is necessary to improve the legal norm system of the P2P platform,which mainly includes improving the access threshold of the P2P industry and improving its exit system.Then we must focus on industry self-regulation and conduct good interaction with government supervision.Finally,it is necessary to improve the market supporting services,including the establishment of a credit information system,the establishment of information disclosure and reporting systems,the strict separation of fund depository and management,and the establishment of privacy protection mechanisms for users of P2P platforms.The P2P platform plays an important role in meeting the capital needs of market players,broadening the investment channels of investors,and improving the financial service system in China.The purpose of this paper is to provide certain reference suggestions for the legal supervision of China's P2P platform,regulate the development of the P2P industry,and make the P2P industry serve China's economic and social development better.