Research On The Perfection Of Legal Supervision Mechanism Of P2P Lending Platform

The existing regulatory regulations stipulate the basic position of P2 P lending platform,but the implementation of the actual platform operation and supervision system is not completely centered around its basic positioning.Because the legal supervision mechanism of the platform is not perfect,these imperfect fields have made the platform into trouble.The existing legal regulatory mechanisms include both behavior supervision and supervision of platform institutions.They should not only focus on government regulation,but also play the role of autonomy in industry and the autonomy role of lending market.After the implementation of such a systematic legal supervision mechanism,there are the following shortcomings: the local regulatory system is imperfect,the specific measures for the implementation of regulatory responsibilities are not in place,and the partial measures for risk prevention are lack of clear guidelines.Considering that the regulation of P2 P lending platform is a systematic project,and the supervision system of the local regulatory layer is not as good as the state supervision,so based on the practical problems in the industry development and the deficiencies in supervision,we will make some suggestions for improving the regulatory mechanism.In addition to the introduction and conclusion,the all paper is divided into three parts.The first part is about the problems that exist in the development of the P2 P lending platform.First of all,starting with the rules,the basic positioning of the net loan platform is analyzed.Through the three characteristics of location: the intermediary platform that does not undertake the responsibility for breach of contract,the technology virtual based on the Internet,business and lending activities are financial,so as to analyze the problems exposed at different stages of development.Then it summarizes the problems that exist all the time,and points out that the lending probability of the platform is high and the exit is chaotic because the industry management deviates from the basic positioning of the platform.The second part is from the perspective of P2 P lending platform legal supervision mechanism to deeply analyze the reasons for the above predicament,because the legal regulatory mechanism is insufficient,so the development of platform will be difficult position.First of all,through the different level analysis of the regulatory system,to comb the central level,the local level of the regulatory system and regulatory responsibility.Then,it compares with the current regulatory situation,and points out the defects of the current legal supervision mechanism: imperfect local supervision system,inadequate disposal of platform exit market,and lack of risk prevention measures for borrowers.The latter two defects are due to the neglect of the basic positioning of the platform in the supervision work,which leads to the imperfect supervision work.The third part is a perfect proposal for the defects of the above regulatory mechanism.First of all,we should improve the local regulatory system through legislation,clearly increase the main body of the collaborative supervision,give the regulatory body the corresponding regulatory responsibilities,give full play to the self-management functions of the local industry associations,and build a different level local regulatory system.Secondly,the establishment of the platform's market exit mechanism,China's securities companies to exit the analogy with financial trading venues by the regulatory authority to take over,the first business processing system,the establishment of a transition between the P2 P lending platform exit and the current bankruptcy system,the exit mechanism of P2 P lending platform also implements a withdrawal the first kind of lending business division,and then enters into the bankruptcy procedure,improve the market exit platform disposal rules to solve the platform exit chaos.Finally,according to the current situation of the credit market,the docking platform and formulate the rules of credit institutions,determine the conditions of docking platform and credit institutions and docking information after the use of rules,improve the regulatory mechanism of the risk prevention from the borrower information screening point,with the capital depositing of risk prevention,risk prevention from trade amount constitute a risk prevention system.