| P2P network lending is essentially a financial innovation,a product of the combination of Internet and finance.The Internet facilitates getting information and reduces communication and innovation costs.Finance promotes the effective allocation of currency resources.Online lending makes full use of the advantages both and grows into a tipping point of the financial industry in a short period of time.Compared with traditional financial institutions,online lending has the characteristics of decentralization,low cost,high operational efficiency,universality and convenience.However,P2P online lending industry has a very obvious characteristic of the financial industry,that is high risk.But because of the lower entry threshold and the dependence on online transactions,it has caused regulatory loopholes in this industry.The fund custody system aims to protect the rights of investors and prevent capital risks.This article can be divided into four parts.The first part summarizes the development history and industry characteristics of the online lending platform.In the early stage of online lending,it has effectively activated private capital lending market.Because of small amount,low threshold and wide Internet audience,network lending has developed rapidly.At the same time of development,these risks broke out in 2014 and 2018 due to lack of supervision.After experiencing the violent crisis caused by barbaric development,the industry is in a period of strict rectification.The latter part analyzes the operation mode of peer to peer lending,the legal relationship and positioning of the P2P network lending.The second part mainly analyses the mode of P2P network loan fund trusteeship and the related supervision and regulation at home and abroad.Firstly,the third-party payment,joint trusteeship,bank deposit and other trusteeship methods which have become the mainstream of the P2P industry are summarized,and their advantages,disadvantages and effectiveness are analyzed.In the latter part of this chapter,the relevant policies and regulations of domestic fund trusteeship and the supervision and regulation of P2P fund protection in Britain and the United States are analyzed.Britain and the United States adopt regulatory attitudes of encouraging innovation and strict control respectively,which have their own merits for reference.Domestic regulatory documents issued successively from 2016 to 2017 have made it clear that the P2P platform should not set up a fund pool,and that customers' funds must be managed by banks.The third part analyses the advantages and legal obligations of commercial banks as trustees,and analyzes the status quo and problems of bank custody.At present,there are still some problems,such as too loose formal audit responsibilities,inaccurate platform positioning,bank goodwill risk,high cost of custody system and low effectiveness of regulations.Moreover,the existing regulations and policies on bank custody still have insufficiently detailed and clear problems.For example,the bank's business review criteria for custody platforms are difficult to determine.The fourth part is to put forward some solutions to the above problems,including attaching importance to the financial attributes of the P2P platform,treating it as quasi-financial institutions,strengthening the universal education of financial risks.And regulators need to improve the relevant financial laws,unify the bank fund custody system referring to the network payment industry.The purpose of this paper is to study the fund trusteeship mode of P2P platform and the power,responsibility and existing problems of commercial banks in fund trusteeship business according to the current situation of P2P trusteeship business.This paper analyses how to promote the integration of online lending and banking services,to play the role of the inclusive finance as both "universal" and "beneficial".At the same time,the cooperation between the two sides can enhance the Internet financial thinking of commercial banks and create more social value. |
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