Research On Risk Control Of P2P Lending Network Platform-based On The Legal Regulation In China

With the development of economic globalization and arrive of the network technology age,the method of financial investment become more and more diverse.As a new financial model,P2 P lending platform become a more and more important and vital role in our national economic construction and fast development.However,owning to the short period and low level of development,there are still a lot of questions existing in the P2 P platform of our country,which results in a harmful social influence.Therefore,the government and related departments in China have captured some methods to manage and paid more and more attention to it and also releases a set of economic policies.In 2015,the 18 th session of fifth plenary meeting releases “the thirteenth to develop the national economy and social development five-year plan”,clearly put forward to mainly manage and guide the internet financial norm.At now,although our country issued a series of policy about the borrowing in the P2 P network platform,but the problems still exist in,one important part in them is lacking valid law support circumstance.So,it is necessary to do the further research and study about the legal risk in finance caused by P2 P network platform.In the perspective of law,this article will help and give the ideas to reform and amend the concerned legal system by analyzing the risk problems caused by the P2 P platform.The dissertation is constituted of four parts:The first chapter mainly interprets the relative options of P2 P lending network platform,including the basic knowledge of P2 P network lending and P2 P lending network platform for indicating P2 P lending network platform not be an independent corporate organization.The P2 P lending network platform is just a communicative platform that can provide some intermediary informational services for operating corporation.Besides,this chapter also study and describe the subject and object as well as content of legal relations.The second chapter declares the current situation of legislative regulation of P2 P lending network platform in China.The risk of P2 P lending network platform has external legal risk and internal legal risk,which is provided with diversification of generative mechanism and outstanding.As a most excellent P2 P lending network platform,the risk of “Red Ling investment” mainly present that default risks and credit risks,including the first trial in material,the survey of background,financial accounting,project investigation,judicial investigation.At present,P2 P lending network platform exist unclear management system,ineffective measures of controlling,imperfect supporting system and industry operation.The third chapter dissects the practical legal regulations of P2 P lending network platform in foreign area.This chapter points out that England establish the management system of self-disciplined industry and government management.In 2010,the United States publish “the protection of Dodd frank wall street reform and consumer”,which build management system of financial consumer and SEC.P2 P lending network platforms' legal regulation present the self-discipline effects and the common of protection of investors and credit system.The fourth chapter of the paper provides some measures for perfecting the legal regulations of P2 P lending network platform.Hence,we should identify the single of management institution,boost the measures of access system and exit system in P2 P lending platform,in order to build the assistant duty of management industry and formulate the fundamental regulations of industries' operation for strengthening credit system and establish a stable and healthy as well as prefect the protection system of investors.