Legal Issues On The Protection Of Consumers' Rights And Interests In P2P Lending In China

P2P network lending emerges as a new mode of financial innovation.First,it deepens people's understanding of traditional financial theory,and secondly,it greatly affects the public's consumption feeling on finance.However,there are some problems in the P2 P network lending industry,such as vague legal standards of information disclosure,lack of supervision and judicial level can not effectively resolve conflicts and disputes.All of these have resulted in the existence of consumer information being illegally traded in the P2 P network lending industry,and it is difficult for consumers to safeguard their legitimate rights and interests in the process of operation.In practice,the relevant legal systems established by the United States and Japan,such as the protection of financial consumers,government regulatory measures,self-discipline in the network lending industry,and various dispute resolution mechanisms,are safeguarding the consumption of online lending.The legitimate rights and interests of the people have achieved remarkable results.Therefore,our country urgently needs to deeply explore the protection of consumers' rights and interests of P2 P online loans.This paper combines case analysis,comparative analysis and normative analysis to explore the protection of consumers' rights and interests in P2 P online lending.This paper makes a conceptual analysis of Chinese P2 P network lending consumers,and through exploring the protective measures of American and Japanese online lending to consumers,then draws relevant legislation and regulatory suggestions on Chinese online lending consumer protection.For example,we should strictly enforce market access mechanism,protect consumers' financial security and personal information security,and implement a sound legal remedy mechanism when their rights and interests are infringed.Through the research in this field,it has theoretical and practical significance for the protection of consumers' rights and interests of online lending in China,as well as the healthy and sustainable development of the economy.In addition to the introduction and conclusion,the main content of this article is divided into four parts:The first is a legal overview of the protection of consumers' rights and interests in P2 P online loans.Internet-based lending platform is based on the borrower's financing needs to buy and sell similar financial products.After the borrower chooses suitable financial products,he uses idle funds to buy them.In this process,the P2 P network lending platform acts as an intermediary role to provide financial products and services that meet the individual's standards.The second part is to analyze the causes of consumer rights and interests protection in P2 P network lending.The legal standards of information disclosure in P2 P online lending industry are not specific enough,the supervision is weak,and the relief mechanism is not smooth after disputes occur.In addition,financial consumers lack professional knowledge of Finance and lending,which leads to repeated infringement on the rights and interests of online lending consumers.The third part analyses the operation experience of the Internet lending industry of the United States and Japan,and draws inspiration for our country.The United States and Japan have a perfect legal protection system for online loan consumers.They attach great importance to the improvement of information disclosure system.Under the circumstances of a series of relevant protection measures,it has an enlightening effect on the protection of consumers' rights and interests of P2 P online loan in China from legislation,law enforcement,judicial and other aspects.The fourth is the analysis of the core content of the full text.It tries to discuss how to protect the legitimate rights and interests of Internet credit consumers from perfecting legislation,strengthening law enforcement and supervision in relevant fields,and building a judicial system for dispute resolution.Firstly,at the legislative level,to improve the protection of P2 P network lending consumers,on the one hand,it is necessary to have a sound information disclosure system,so that the information disclosed by the network lending operators is objective,compulsory and practical;on the other hand,it is necessary to build a credit information system in the P2 P network lending industry to punish the violations of relevant systems in a timely manner.Secondly,it is imperative to strengthen law enforcement supervision.The protection of consumers' rights and interests in P2 P network lending should be strengthened from the source.Firstly,in terms of market access,the qualification,technical maturity,capital operation and internal management structure of the sponsors should be strictly checked;secondly,the supervision of the network lending industry should be strengthened from the aspects of supervision subject and supervision pattern,so as to make the operation of P2 P network lending develop towards institutionalization and systematization;thirdly,from withdrawal.At the mechanism level,we should strengthen supervision and formulate a series of perfect exit standards for the P2 P network lending industry.The regulatory authorities should formulate a multi-level exit mechanism for online lending platforms,pay attention to the procedures for approval,and give early warning when acts against the legitimate rights and interests of online lending consumers occur.Finally,we should constantly improve the relief system of consumer rights protection in the P2 P network lending industry.First,we should introduce the dispute resolution mechanism of public interest litigation and micro-litigation into the network lending industry to diversify the direction of dispute resolution.Second,we should make full use of the network environment and establish an online dispute settlement arbitration system to make dispute resolution efficient and maintain economic order.The third is to actively broaden the channels and ways of protecting the rights of Internet lending consumers,strengthen the education of safety awareness of financial consumption,improve their financial professional knowledge,cultivate their awareness of safeguarding their rights and interests,and safeguard their legitimate property rights and interests through various ways.At the same time,we should constantly promote the self-discipline of Internet lending industry,so that the P2 P Internet lending industry can truly contribute to the development of China's economy.