Research On The Civil Liability Of P2P Online Lending Platforms In China

In 2007,with the rapid development of Internet financial industry,the first P2 P network lending platform appeared in our country.During a period of time,the number of platforms rose sharply,and the failure of problem platforms and "runaway" incidents emerged in endlessly.In practice,the civil disputes of P2 P network lending platform are increasing gradually,but the lack of legal norms on the civil liability of the platform has affected the identification of the civil liability of the platform,which is extremely harmful to the protection of the legitimate rights and interests of the lenderAs an information intermediary,P2 P network lending platform provides information collection and disclosure,credit audit,information exchange,loan matching and other services for both borrowers and lenders to conclude contracts.In practice,there are three main modes of platform operation: pure information intermediary,guarantee and transfer of creditor's rights.There are four kinds of complicated civil legal relationships between the platform and the borrowers: intermediary,guarantee,principal-agent and transfer of creditor's rights.Self-guarantee and irregular transfer of creditor's rights can not affect the effectiveness of the contract.On the premise of the validity of the contract,the liability for breach of contract of the platform is mainly manifested in the breach of four contract relationships: intermediary,guarantee,transfer of creditor's rights and principal-agent.Considering the basic imputation principle of tort liability in China and the particularity of P2 P network lending platform,the tort liability of P2 P network lending platform should be mainly based on the principle of fault liability and supplemented by the presumption of fault.China's current legislation relies excessively on administrative regulations and lacks systematic,clear and targeted civil liability provisions,which makes it difficult to find specific applicable provisions in online lending disputes.In addition,there are some problems in the civil liability system of P2 P network lending platform in China,such as unclear legal obligations and degree of performance,lack of effective regulation of electronic service agreement,unreasonable litigation mechanism,unclear distribution of main responsibility,imperfect risk reserve compensation system,and so on.To solve the above problem,we should raise the level of legislation and improve the relevant judicial interpretation,clarify the legal obligations and degree of implementation of the platform,further clarify the validity and inequality of the format clause,formulate unified model text and industry standards of the electronic service agreement,optimize the relevant provisions of litigation jurisdiction and burden of proof,and increase the inclined protection of the lender;We should share the responsibilities with other civil subjects,rationally allocate the civil liabilities of all parties,use the platform's own funds to withdraw the risk reserve,and disclose the rules for the use of the risk reserve.Through the improvement of the above problems,improve the civil liability system of the platform,further protect the legitimate rights and interests of lenders,and promote the healthy and long-term development of the P2 P network lending industry.