Legal Research On The Exit Mechanism Of China's P2P Network Lending Platform

The three meeting of the twelve National People's Congress,Premier Li Keqiang first proposed the "Internet plus" action plan,then held in Zhejiang Wuzhen World Internet Conference,general secretary Xi Jinping delivered an important speech,the party and the country attaches great importance to the development of the Internet industry.National industrial chain is gradually realized network,the industry in the integration of the Internet based on the realization of rapid transformation,driven by innovation,in order to win the initiative,to occupy the market share.Peer to peer lending in this context,the traditional private lending and Internet technology combined with a new burst of vitality,enhance the prospects for development.Peer to peer lending to fully meet the mass demand for funds,effectively promote public entrepreneurship,innovation.In 2005,the birth of the world's first P2 P network lending platform--Zopa.After 2007,the rapid development of China's peer to peer lending platform,such as lending treasure,Lu Jin,etc..Due to the small size of the platform,the number of different bring huge economic advantage,also due to the peer to peer lending platform shortage of funds,debtor default reason,frequent foot boom,to investors bring huge losses,is not conducive to social stability.In this paper,through the "e rent treasure" Fund raising fraud extended to China's peer to peer lending platform exit mechanism for legal research.Through the current legislative analysis of the peer to peer lending platform exit mechanism,using the literature research method,data analysis method,comparative study method and so on,put forward the existing problems in the process of exiting.Draw lessons from foreign peer to peer lending platform exit mechanism legal regulation,combined with the actual situation of our country,to find out the perfect countermeasure.This thesis consists of five chapters:The first chapter is an overview of the peer to peer lending platform exit mechanism.Including three sections: first introduces the concept,characteristics,function,mode analysis and operation flow of P2 P net loan.Secondly,the concept,characteristics,nature and types of peer to peer lending platform are emphasized.Finally,the concept of exit mechanism,the meaning of existence and the analysis of exiting mode in our country are expounded.The second chapter is mainly on the status quo and problems of peer to peer lending platform in China.Including two sections: first of all,China's peer to peer lending platform operating status,development difficulties,lack of harm.Followed by China's peer to peer lending platform exit problems,lists the eight aspects of the problem to be described.The third chapter is mainly about the legal regulation of the withdrawal mechanism of the peer to peer lending platform.Including two sections: first,the use of the "company law","bankruptcy law" of the content of the company's exit mechanism to be analyzed.The second is the combination of some legal provisions,currently on the peer to peer lending platform exit mechanism involved by comparison,analysis of the regulations in the blank.The fourth chapter is mainly the law concerning the peer to peer lending platform exit mechanism abroad.Referring to the analysis to the provisions of the United States "Dodd Frank act" and "the UK regulatory rules to raise the".The fifth chapter is the countermeasures to improve China's network lending platform P2 P exit mechanism.This is the core content,including exit mechanism should abide by the principle of law,establish and improve the exit mechanism of laws and regulations,strengthen the exit mechanism of regulatory measures,and improve the exit mechanism of supporting measures.In order to create a good peer to peer lending business environment,and promote the healthy development of peer to peer lending.