Research On The Legal Regulation Of Dissimilative Peer-to-Peer Lending Between China And America

Recently,as part of the Internet finance,peer-to-peer changed the traditional financial business model,and promoted the innovation in the financial area by the virtue of Pratt&Whitney financial business model and value concept which made the financial services extended to the more areas that traditional finance can’t reach.What’ more,the majority of medium-small enterprises and people benefit from the lending platform.Update to the end of February 2017,the amount of active P2 P Lending in the whole country reached 5882,and the history cumulative total turnover is RMB 3,384,426 million,which the turnover of P2 P lending was RMB203,441 billion.And the growth rate increase more than 2 trillion yuan.All this dates come from the home of Wangdai website.With the blowout development of the P2 P Lending in China,the hidden risks are gradually exposed.The amount of closing down and problem platforms reached 3567,which accounts more than 1/2.Retrospect to the built up of P2 P Lending platform,people want to realize the loan from individuals to individuals which its essence is to become a booster of Pratt&Whitney finance,but backfired.P2 P Lending is dissimilation when it is highly prosperous in China,and this dissimilation is also become an important reason that P2 P Lending face frequently risk.This paper starts from a reality that P2 P Lending occurred risk frequently in China,then open a new perspective on the research of its background,dissimilative function,challenges,and dissimilative modes,which is easier to establish its own complete regulatory system in the internet field.At the same time,put forward some measures to deal with the dissimilative problems under the current situation.The rise of P2 P Lending and the frustration in the development process are the starting point of this paper,and then discuss some setbacks during the process of dissimilation and what legal means should adopt to regulate the development.Under the dissimilative system,how to protect the participants’ rights and legal interests and P2 P Lending get out of the “winter”to achieve the real Pratt&Whitney finance will be the direction of this study.This paper is divided into four parts:The first part focuses on the connotation of P2 P Lending,several major legal relations on the platform and legal risks from the dissimilation.The second part introduces the development status and pattern of the P2 P Lending and the destruction under the rule of Madden from the legal point of view.Then selects the originator of P2 P Lending ——Lending Club as study object to analysis the setbacks during the dissimilative process.Finally study how the America take legal measures to strengthen the supervision.The third party mainly combines the existing legal principles and law provides to analysis the current situation of P2 P Lending.It is lived from the rise to prosperity then to experience a big reshuffle and the illegal fund-raising damage under the dissimilation system.Through the study the case of E zubao to analyses some challenges and setbacks during the development from the legal point.The fourth part focuses on the reform proposals.Mainly from three aspects: establish and improve the credit system,clear regulatory direction,and improve the P2 P Lending access and exit mechanism.