On Civil Legal Risk Of Internet Loans Related To Campus

With the development of Internet technology,the"Internet~+"industry is booming,as is Internet finance(ITFIN).As an important type of ITFIN,Internet loans bring benefits and convenience to students.However,infringements are not uncommon.Therefore,in order to meet the needs of the society,it is necessary to put forward measures to protect and improve the civil rights of students when they use network lending platforms.The legal relationship of civil lending,which was originally well regulated by laws,has become increasingly incompetent under the challenge of financial technology,and the case in point is Internet loans for students.To this end,it's indispensable to get to know its origin and evolution stages and analyze its main forms of civil legal risks,and sorting out the status quo of circumventing the civil legal risks of campus online lending is of great importance to designing mechanism to avoid civil legal risks.The booming number of students who use network lending platforms is a common result of historical contingency and inevitability.On one hand,while social development boosts consumption levels and advances the transformation of consumer concepts,students'demand for funds increases.On the other hand,students lack knowledge of financial management due to the lack of social experience.Finally,students are not yet mature in terms of psychological cognition and legal risk identification,and their awareness of rights protection is not strong.All the above-mentioned aspects have provided subjective elements for the rise of students'Internet loans.In addition,the rapid development of ITFIN and the proliferation of network lending platforms have created objective elements for the rise of students'Internet loans.However,there are many legal risks.Firstly,in terms of legal subject,students are insolvent,so are they qualified as borrowers?Secondly,the legal positioning of network lending platforms is unclear.Thirdly,the contract is suspected of fraud,resulting in the risk of contract cancellation of contractual liability for negligence and the liability for breach of contract in disguised form of usury.Fourthly,the online lending platforms are not strictly audited,resulting in the risk of involvement in loans without the acknowledgement and consent of the real borrowers.Fifthly,the technical support of the online lending platform is not professional enough,and the personal information supervision is not in place,which leads to the risk of personal information leakage.Finally,violations of personal rights abound,such as violent collection,collection that implicates other innocent relatives and friends and loans by posting naked selfie with ID and relative documents.The law needs to tackle real-world issues.In order to protect the civil rights of students when they use network lending platforms,relevant departments have successively issued a series of documents regulating Internet lending and rectifying Internet loans related to students.However,by analyzing the existing norms,the author finds that the following problems still exist:Firstly,from the perspective of legal hierarchy,the existing normative systems are mostly administrative regulations or departmental rules.Generally,the force of law is not strong,and it is difficult to provide sufficient referees for judicial application.Secondly,from the normative content,it is mainly the general norm of private lending,which does not take the special identities and responsibilities of college students in terms of Internet lending into fully considerations.What's worse,it never reveals the problems such as the serious asymmetry of information and inequalities in Internet lending industry.Finally,from the perspective of legal relations,although the existing norms also emphasize national supervision,there are problems such as the absence of regulatory bodies and unclear regulatory duties.Based on the above analysis,the author believes that there are still many problems to be solved in the protection of students'civil rights when they seek for network lending platforms.Therefore,suggestions for improvement are proposed.Firstly,legislation should be improved,protection legislation of the personal information should be further promoted,the security obligations of the online lending platforms should be clearly defined and review obligations should be strengthened.Secondly,the supervision of network lending platforms should be strengthen,and the financial subject status of them and supervision departments and regulatory responsibilities should be clarified to guide the Internet lending industry to set up a self-discipline organization nationally,and finally to form a social governance system for co-construction and sharing.Thirdly,the personal credit information system should be improved,and the market economy needs to be carried out simultaneously as it is actually a credit economy.Fourthly,a mechanism for dealing with breach of contract should be established to curb any illegal and violent dunning for the debt.