Research On P2P Network Lending Third Party Custody System

In our country, individuals, individual businesses and small and medium enterprises always face some difficulties in financing. Although there are policies encouraging various big commercial banks to offer these individuals financing convenience, the financial credit is usually low, thus the banks also lack enthusiasm. And the introduction of P2 P network lending pattern eases the financing difficulties of this part of main bodies, which at the same time also achieves effective allocation of funds. In recent years, some P2 P platforms ran away, which exposed the legal risks existing in the network credit industry. In order to protect investors' funds, the P2 P network credit industry in our country needs to set up a perfect and effective third-party trusteeship system. This paper studies the legal risks existing in the third-party trusteeship system of the current domestic P2 P network credit industry, and puts forward improving suggestions according to the forming reason of the system. The main content as follows:The first chapter is the overview of the P2 P and its third party funds trusteeship. It mainly elaborates three aspects which are the definition of P2 P network lending and third-party trusteeship system, the necessity of introducing the third-party trusteeship system into P2 P network credit industry and the existing major legal relations in P2 P network credit industry.The second chapter compares and analyzes the third-party trusteeship model of the P2 P network credit industry at home and abroad. It introduces and conducts comparative analysis on various third-party trusteeship models of the P2 P network credit.The third chapter illustrates the legal risks existing in the third-party trusteeship system in the P2 P network credit industry. This part discusses five aspects which are illegal fund-raising risks arise from undersized trusteeship scale, illegal operation risks of trusteeship institutions, problems arise from replacing “depository” with “trusteeship”, unclear attribution of fruits of the sedimentary funds of the trusteeship institutions and whether trusteeship institutions have the authority to freeze funds account.The fourth chapter gives some suggestions to improve the third-party trusteeship system of P2 P network credit industry in China. It targets at the legal risks analyzed above, and gives some suggestions from three parts which are design of trusteeship system, control of the legal risks the trusteeship institutions may face so as to improve the third-party trusteeship system of the P2 P network credit industry in China.