| P2P online lending,also known as "renren lending" in China,refers to direct lending between individuals through the Internet.In the credit and debt relationship,it breaks away from the traditional capital medium.From this perspective,the meaning of P2P online lending covers the concept of "financial disintermediation".In 2005,P2P online lending began to rise in European and American countries,and in2012,it achieved rapid development in China.China's P2P online lending industry has developed rapidly in just a few years,which has affected the capital flow of China's financial system to some extent.But in its own development process also faces many problems.Firstly,it is reflected in the legal regulation of P2P online lending.Up to now,China has not issued clear legal provisions on the legal status,status and nature of P2P online lending,nor has a systematic legal system been formed.At present,only in some documents and methods with low legal effect,these are far from enough to restrict the problems existing in P2P online lending.Secondly,there is no clear legal regulation on the nature of P2P online platforms at present in China.Some people believe that P2P online lending platforms should be defined as information intermediaries,while others believe that P2P online lending platforms also serve as guarantors in the lending relationship.Therefore,after the dispute,it is not clear what identity P2P online lending platforms should assume and what legal responsibilities they should take,which is not conducive to the unity of judicial results.Thirdly,there are also legal problems in the supervision of P2P online lending platforms,which are mainly reflected in the lack of regulatory bodies,laws and regulations,and the lack of supervision on information disclosure obligations of P2P oneline lending platforms.Finally,the market access mechanism of P2P online lending is still not sound,and there are still many problems in terms of credit rating of lending platforms and lenders and access of relevant practitioners.In addition,there are still some problems in the legal risk control of P2P online lending,such as the difficulty in controlling the borrower's default risk,user information security,and the fund custody of the third-party payment platform.These legal problems cannot be solved,which will hinder the healthy and orderly development of P2P online lending platforms.This paper mainly includes five parts:In the first part,the introduction briefly explains the concept of P2P online lending and the main legal problems in the development of P2P online lending in China in recent years.The second part introduces P2P online lending in China from three aspects: the conceptand characteristics,operation mode and nature,so as to clarify the research object and significance of this paper.The third part mainly introduces the current status of the legal regulation of P2P online lending in China,summarizes the five deficiencies,and provides the following Suggestions for improvement to find the starting point and corresponding points.The fourth part selects Britain and the United States as the typical representatives,introduces the measures taken by them to regulate P2P online lending in China,finds out the key points of legal regulation,and summarizes the useful measures for our reference.The fifth part is the focus of this paper.Based on the analysis and discussion above,combined with China's specific national conditions,it puts forward some Suggestions for improving the legal regulation of P2P online lending in China. |
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