Protection Of Rights And Interests Of Internet Financial Consumers

The P2P loan platform is an innovative model in which folk lending is integrated into the Internet.Compared with traditional folk lending,P2P loan platform boasts the advantages of simple procedures,high annual compound yield,free term,etc.,which has effectively promoted the development of the Internet financial market.However,limited to practical issues such as laggardness of legislation,the court adopts different standards to settle the case received against the loan platform from borrowers.This not only makes it difficult to effectively protect the rights and interests of Internet financial consumers,but also restricts the long-term development of the Internet financial market.Therefore,based on the analysis of judicial practice,summarizing the P2P online loan platform's confusion of personality that regulates Internet finance and reflects its particularity in the effective judgment,interpreting the judicial determination standards of legal facts and the guiding value of their establishment,and indicating the improper use of information by the loan platform that infringes upon borrowers' Internet financial consumer rights and interests,are crucial to judicial relief intervention in actively protecting the interests of borrowers.By rethinking the protection effect of judicial relief on financial consumer rights and interests,it is necessary to break through the judicial framework for loan contract protection and establish an independent accountability mechanism against the loan platform's illegal confusion of personality,thus perfecting the Internet financial norms at the institutional level.In short,approaching the theme of interests protection for Internet financial borrowers from the real-life cases involved in the loan platform,and explaining the theoretical meaning and value pursuit contained in the summary of judicial practice will help reveal the unification of theory and practice,enrich the theory of “national market regulation can make up for market failures” in theeconomic law,and also clarify the regulatory rules of such cases to provide reference for specific judicial practices and promote the sound development of Internet finance.This paper consists of four chapters.Chapter One focuses on three real cases involving folk lending disputes on the P2P loan platform.By comparing different judgments between superior and inferior courts and between different courts,specific to the disputes in typical cases,namely,the loan platform,as an intermediary,is confused with the parties of the loan contract,the chapter presents two issues to be deeply explored in this paper: First,what are the judicial determination standards on the loan platform's confusion of personality ? Second,what is the value pursuit behind the judicial determination standards? Chapter Two answers the first question,specifically clarifying that combined with the particularity of Internet finance,judicial determination standards should determine the loan platform's confusion of personality from the fact that the platform did not actually collect intermediary service fees and the relationship between the platform and the lender severely affected the neutrality of the platform.Chapter Three answers the second question and specifically clarifies that judicial practice should fully consider the borrower's weak position and the need for interests protection,and conducts judicial review on the collection of service fees and the source of loan funds in order to respond to Internet financial consumers' demand on legal protection,safeguard the interest of borrowers based on guaranteeing the fairness of the contract,and ultimately promote the sound development of the Internet financial market.In Chapter Four,the regulatory effects on financial consumers are reflected based on a comprehensive summarization of the existing standards and value pursuit of judicial regulatory rules,deficiencies in the existing judicial regulatory rules are specified,and the proposal that illegal platforms should be independently investigated for responsibilities against their confusion of personality is submitted in order to increase the illegal costs of loan platforms and fundamentally safeguard the rights and interests of online financial consumers.