Research On Legal Regulations Of P2P Network Lending

The rise and rapid development of the P2 P network platform is based on the advancement of Internet technology and the development of e-finance.P2 P network lending,as a new lending model for private lending,provides a convenient investment method for SMEs and individuals,and also expands lending channels for investors,financiers and entrepreneurs,promotes a little prosperity and development of private lending.But,the nature and operation mode of P2 P network lending has led to many problems,the mainly problem includ illegal fund-raising,concealment or false disclosure of information,the transfer of creditor's rights affects the validity of the contract and the determination of the responsibility for the guarantee liability.From the perspective of legal liability,the main reason is that financial laws and regulations have relatively mature legal regulations relative to traditional private lending,while laws and regulations related to P2 P network lending have been in the process of exploration and improvement,it does not play a fundamental role in avoiding risks.There are still many platforms to be “closed” or “running the road”,which is not conducive to the healthy development of Internet finance.Therefore,how to clarify the existing legal problems of P2 P network lending,and effective legal regulation of P2 P network lending is an urgent problem to be solved.The first part of this paper is a brief discussion of the P2 P network lending platform,and introduces the main operating mode of the P2 P network lending platform.discusses the comparative advantages of P2 P network lending platform and private lending and commercial banks,and summarizes the development status of the current P2 P network lending platform through the industry data of P2 P network lending.The second part mainly discusses the legal nature of the P2 P network lending platform.Then it analyzes the legal relationship between the parties of the P2 P network lending platform,including the loan contractual relationship between the borrower and the lender,the intermediation service contract relationship between the intermediary platform and the lending party,and the legal relationship between the guarantee institution and the P2 P network lending platform.The third part is mainly to clarify the legislative status of the P2 P network lending platform and the legal problems that have arisen.Firstly,it sorts out the existing legal norms from four aspects: criminal,administrative,industry self-discipline and civil;Secondly,analysis of the current criminal and civil legal issues arising from the P2 P network lending platform through the case;Finally,based on the supervision point of view,summarize the problem of legal supervision of the P2 P network lending platform in China.The fourth part is based on the analysis of the legal relationship,legal status and legal issues between the P2 P network lending platforms.,he paper puts forward some suggestions on perfecting the legal regulation of China's P2 P network lending platform,include improve the legislative provisions of P2 P network lending,establish and improve the credit system,establish P2 P network lending access,exit mechanism,and improve the supervision methods.