Legislative Perfection Of The Protection Of Investors In P2P Lending

P2P online lending was first born in Britain,and it is the integration of Internet and financial technology.It is an innovative mode of traditional private lending.It is from generation to now,although the risk is constant but always exists,on the one hand it has its own market,on the other hand it has its own unique advantage over traditional private lending.Because of the low market access threshold,the development of the platform is rapid.Due to the uneven level of qualifications,the problems exposed by P2 P platforms are increasingly serious.Therefore,it is urgent to build a comprehensive and multi-level system of P2 P lending investors' rights and interests protection system.In the first part,this paper makes a detailed discussion on the background,operation mode and legal relationship of P2 P industry in China.Since 2007,China established the first lending to P2 P network platform,as of the date of P2 P industry has developed in our country has a history of more than 10 years,until the end of December,2017,the national network industry loan volume reached 2.804849 trillion yuan,compared with the 2016 national net lending volume increased by35.9%(2.063872 trillion yuan).The loan balance of P2 P industry was 1224.587 billion yuan,up50% from the end of 2016.Unlike foreign lending to P2 P network development model,P2 P platform in our country is based on its national conditions and the change of the market,continuous optimization and adjustment,the operation mode of the produced sort is more,also contain a lot of legal relationship.In the second part,the first section analyzes the P2 P lending investors protection legislation present situation,focusing on the "guidance" and "management method" is discussed,and the second section analyzes the difficulties facing P2 P lending investor protection,respectively from the aspects of investor protection law system,platform,lack of supervision,lack of the P2 P industry standards,investors complain and dispute settlement mechanism is analyzed,and then put forward the current problems existing in the P2 P lending investor protection.In the third part,in Britain,the United States the P2 P lending investors protection were analyzed,and the UK is a dual regulatory system not only has the government,and to regulate industry association,the United States is multi-sectoral coordination regulation,federal and state regulatory structure.Investor protection measures of British and American famous P2 P platform,combining with Britain and the United States regulatory system,draw lessons from British and American P2 P lending investor protection measures,to write his own thoughts.In the fourth part,discusses the P2 P network to build the rule of law in investor protection,according to China's specific national conditions and the foreign advanced management experience,put forward the following Suggestions: first,we should establish a supervision system for P2 P online lending.Supervision of P2 P platforms requires not only the government,but also the help of industry associations.Multiple supervision will help reduce the supervision pressure of government departments and promote the healthy development of P2 P industry.Second,improve the platform risk prevention and control system.The platform itself should do a good job of pre-loan review and post-loan management,and do a good job of risk prevention and control of online lending.Third,we should establish the normal operation order of the platform.The market access of the platform requires corresponding qualification examination,and the exit of the platform requires a complete exit mechanism.A good platform operation order helps investors to trust the platform.Fourth,we will improve the dispute resolution mechanism for P2 P lending.The improvement of the resolution mechanism will help P2 P investors to protect their legitimate rights and interests in a wider range of ways.