Research On Legal Issues Of P2P Online Lending Platform Under Contract Law

In recent years,P2 P lending,as a kind of innovation in the field of private lending,on the one hand,adapts to the demand of the reality of microfinance which the traditional financing channels is difficult to meet,on the other hand eases small and medium-sized enterprises and individual financing problems,becoming an important supplementary means to promote the circulation of money.With the increase of the financial market share of P2 P online lending platforms,there are more and more contract disputes in the field of P2 P online lending.As a new thing,no specific legislation of P2 P lending can be followed,which leads to different judicial judgment standard of platform contract dispute.Though our country is taking the legal regulation of network loans,the P2 P Online lending platform of civil legal position,contractual obligations,contract liability cognizance rules is still fuzzy and general from the private law angle.Based on the analysis of P2 P lending cases and combining with the knowledge of civil law and contract law,the paper mainly discusses the legal nature of P2 P Platform,the contractual obligations,contract liability cognizance in P2 P contract disputes under contract law.In this paper,the main body is divided into three parts.On the basis of understanding present development situation,the operation mode and legislation about P2 P lending platform,the first chapter tells explicitly that P2 P is a commercial intermediary business,the participant or guarantor in loan relationship according to the theory of civil law and contract law.The second chapter analyzes the contractual obligations in combination with the contract law and the specific operation mode of P2 P platforms,including the main contract obligation,the contractual obligation and the attached obligation.Based on the rules of contract law for reference,the third chapter builds the system of contract liability identification of P2 P platform from basic principles,the types of liability,imputation principle,the overriding reason,liability of specific aspects.The first section makes clear that the contractual liability of P2 P should abide by four cardinal principles of freedom of contract,credit of good faith,contract justice and encouragement of transaction;Section 2 reasonably defines the type of contract liability of P2 P including liability for negligence,liability for breach of contract,post-contract liability,and invalid liability of the contract;In section 3,according to the actual situation of P2 P contract disputes,the proper attribution principle and exemption excuse are determined;Section 4 explores the specific way of contract liability,such as continue to performing the contract obligation,taking remedial measures,returning the principal and interest,paying liquidated damages,damages and so on,lending to help guarantee the fairness and justice,in order to guide the judicial practice to solve network lending contract disputes.