Research On Civil Liability Of P2P Online Lending Platform

In recent years,with the rapid development and popularization of Internet technology,all kinds of financial industry,the Internet has come into being,especially,led by lending to P2 P network platform,the new financial model,because its are in the developing stage,the relevant liability legislation is still imperfect,the system only for lending to P2 P network platform of criminal responsibility and administrative provisions,but did not mention to civil liability,causing the frequent infringement cases,the default party is difficult to maintain their own rights.In view of this,in this paper,by analyzing the operation mode of the P2 P lending platform and legal relationship,the analysis of current civil liability system in lending to P2 P network platform and its shortage,attempt to put forward the civil legal liabilities of P2 P network platform loan related Suggestions,in order to promote the good development of the P2 P network platform.The specific research contents of this paper are as follows:Proposed,for the first part is "e rent treasure" events and pat on case analysis,the loan from the "rent" e found platform products excessive lending and higher interest rates,executives and staff working quality is low,lack of specific implementation specifications and improve the system of legal liability and so on.From pat loans has responsibility system under the current case,the court can only general from traditional folk lending brokerage contract model to determine the P2 P network platform legal responsibility,which led investors to safeguard their rights.The second part is the operation mode of the P2 P lending platform with analysis on the relations of civil law,the P2 P network in our country credit platform on the basis of online,online,offline and online and offline mode can be divided into pure;With guarantee as the standard,it is divided into unsecured,platform self-guarantee,borrower's mortgage guarantee and third-party guarantee mode.P2 P online lending has many legal relationships,such as lending,intermediary,custody,entrustment and guarantee.The third part is the evaluation and analysis of the civil legal liability system of P2 P online lending platforms,and analyzes the liability for breach of contract and tort liability of P2 P lending platforms in China under the current system.However,in the current system,the rights and obligations of the online lending platforms are not clear,the system of responsibility is reexecuted,and the system is not complete,the guarantee mechanism is incomplete,and the dispute resolution mechanism is not perfect.Borrowing is the fourth part puts forward a P2 P network platform civil legal liability system to perfect the proposal,first clear the legal obligation of lending to P2 P network platform,secondly to perfect the relevant regulations,tort liability again introduction of compulsory insurance professional liability insurance compensation mechanism,and finally optimize the representative lawsuit system.