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On Legal Risks And Prevention Of Internet Bills

Posted on:2020-05-29Degree:MasterType:Thesis
Country:ChinaCandidate:X Y ZhengFull Text:PDF
GTID:2416330572490526Subject:Law
Abstract/Summary:PDF Full Text Request
With the rapid development of Internet technology,"Internet+" is increasingly closely linked with finance.The Internet finance field is changing with each passing day,and the lag of law has led to Internet finance tending to be rampant in the gray space of law.Among them,Internet bill financing is a typical example.Since 2013,the first Internet bill financing platform "Golden Silver Cat" has pioneered the bill financing business model.The "grassroots wealth management" formed by the combination of bills and Internet innovation has entered the ordinary people's financial vision,and its low threshold.The characteristics of high security and high profitability have attracted many investors,but there are also a series of risk issues such as authenticity and compliance in Internet bill financingThis paper sorts out the connotation and development status of Internet bill financing,expounds its characteristics and the reasons for its rapid rise,and then analyzes the legal risks of Internet bill financing,and finally puts forward the risk prevention measures for Internet bill financing.The first part of the article makes a clear definition of the concept and characteristics of Internet bill financing,and classifies and interprets its main models,and sorts out its development status and current relevant legal provisions.First of all,the definition of Internet bill financing is defined as the use of Internet technology by the Internet platform to realize the direct connection between bill financing enterprises and a large number of investors' investment and financing needs.It has the characteristics of security,liquidity,low investment threshold,high return on investment and easy financing.Secondly,the Internet bill financing model is divided into bill transfer right transfer mode,bill pledge financing mode,agent trade payment financing mode,and letter of credit circular return financing mode,and its development status is expounded from the perspective of scale and subject.Finally,we will sort out the current laws and regulations related to Internet bill financing and explain the conflicts and problems in its existence.The second part of the article elaborates on the compliance risks of Internet bill financing.First,it raises the issue of criminal law compliance by its similarity with illegal fundraising crimes.Secondly,the focus is on the compliance risk of Internet bill financing from the perspective of civil and commercial law,mainly whether the Internet bill pledge meets the formal requirements of the law and the actual pledgee's problems?The third part of the article is to study the authenticity risk of Internet bill financing.On the one hand,it is based on the authenticity risk of the bill itself.If the investor can't actually touch the bill,it will easily lead to the authenticity risk.On the other hand,it is the bill basic creditor's debt.The risk of authenticity arising from the relationship.The fourth part of the article is based on the improvement of the "ticket law",and the relevant laws are well connected to solve the problem of compliance with Internet bills.Secondly,through the sound of the regulatory system and the implementation of electronic bills,sound credit mechanism and information disclosure system to get rid of the authenticity risks of Internet bills.Finally,the protection of the legitimate rights and interests of investors is strengthened by improving the investor rights protection mechanism.
Keywords/Search Tags:Internet bill financing, bill pledge, bill compliance, bill authenticity, risk prevention
PDF Full Text Request
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