Research On The Supervision Mechanism Of Legal Risk Of P2P Network Lending In China

The P2 P network lending industry has continued to develop in China for more than ten years.During this period of development,the legal risks caused by it continue to breed.At present,the entire industry is facing a period of in-depth adjustment.From the implementation of the first Internet financial supervision regulation in 2015 to the special rectification of legal risks,the listing of negative lists,the disclosure of information,and the execution of deadlines for withdrawal,this series of rectification measures requires more strict standard of the supervision mechanism for legal risks of P2 P network lending.In order to promoting a healthy and stable development of P2 P network lending industry,it is necessary to think deeply about the method of rectification and devote to realizing the multiple measures under the supervision mechanism,based on the existing laws and regulations.It is no doubt that the core purpose of P2 P network lending supervision mechanism is to supervise the legal risks caused by the P2 P network lending platform.The value pursued by the supervision mechanism is the balance between efficiency and fairness.Although the existing supervision mechanism plays a role in regulating the P2 P industry to some extent,there are still deficiencies in the current status of the implementation of supervision: the regulatory agency coordination mechanism is not perfect,the legislative level is not high,the exit mechanism is not perfect,credit loss and self-discipline The mechanism is not perfect.Therefore,in the future,we need to further explore in various aspects,such as improving regulatory legislation,establishing exit mechanisms,improving individual credit information systems,strengthening industry self-discipline,and cultivating talents,with a view to perfecting the regulatory mechanism for P2 P network lending legal risk.Except for the introduction,this thesis consists of five parts.Firstly,this thesis begins with the concept and analysis of the P2 P network lending,and accurately analyzes the differences between P2 P lending and private lending,petty loan,and commercial bank loans,then define the concept of legal risk and supervision mechanism discussed in this paper.Secondly,this thesis introduces three differentoperating models of P2 P network lending based on examples of Paipaidai,Yixin and Lujisuo P2 P companies.Furthermore,the various risks which could be caused by P2 P network lending companies are also analyzed detailedly.Fourthly,by analyzing external supervision mechanisms of P2 P network lending industries and drawing on the lessons of them,several enlightenments are obtained about how to complete the supervision mechanism of domestic P2 P network lending industry.Finally,combined with the unique national conditions of China and advanced experience from external supervision mechanisms,a series of constructive suggestions about establishing a sound supervision mechanism for the subsequent development of P2 P network lending are proposed in this paper.