Civil Legal Protection Of Lenders In P2P Online Lending

Peer to Peer Lending is a kind of “financial + Internet” inclusive financial service model,which originated from the UK matured in the United States.Its P2 P operating model is a basically pure mediation mode.However,after P2 P enters China,due to the background of China’s financial mixed industry,the liberalization of the environment,and the loosening of supervision,P2 P presents a variety of development models and exposed the various problems faced by borrowers in P2 P network lending,such as the lender’s right to know and the right to fair trade are not guaranteed,the borrower’s illegal operation,personal information disclosure,account fund lack of security,platform violations,and dispute resolution are not smooth,resulting in the lender’s rights and interests.The lender’s rights and interests are not guaranteed,it will bring a series of chain reactions,lose the trust of the platform,no longer choose the platform to invest,and then the P2 P platform will not be able to develop and even affect the development of the entire P2 P industry.As the P2 P online lending industry itself is still in a transitional period,the protection of lenders is also in a transitional period.The protection of lenders is a systematic project,which can not be completed overnight.This article is based on the protection of the legitimate rights and interests of lenders,starting from the problems caused by the case,summarizing the key issues in the protection of lenders’ rights,from theory This paper analyzes the legal basis and basis of protecting lenders,draws on the institutional design of protecting lenders in P2 P network lending in the United Kingdom and the United States,and proposes specific measures to improve the interests of lenders in P2 P network lending in China.It is expected to solve the problems faced by lenders in P2 P network lending,enhance public legal awareness and risk awareness,and promote the P2 P online lending industry to become standardized and legalized,and form a healthy and sustainable development model.This article is divided into five parts: the first part,introduction.In the introduction,the research background,research content and research significance of the paper are introduced.This paper briefly introduces the development status and three main modes of P2 P network lending in China,and points out the practical necessity of protecting lenders’ rights and interests.The second part,the case and the legal issues embodied.Through the case analysis of P2 P network lending,the lenders face the defects of the platform management system,the infringement of personal information security rights,and the difficulty in realizing claims.The third part is theBritish and American P2 P operation mode and the system design of lender protection.Understand the operating models of the major P2 P network lending platforms in the United Kingdom and the United States,and learn from their institutional design to protect the interests of lenders.The fourth part is to protect the theoretical basis of the interests of lenders.Starting from the existing theoretical basis of China,combined with the characteristics of the P2 P network lending industry,it provides a reference for the legal protection of lenders.The fifth part is the legal protection of lenders in P2 P network lending.Taking the protection of lenders as the starting point,the proposal includes improving the fund depository system,standardizing the disclosure information system,improving the consumer rights protection law,and establishing a diversified dispute resolution mechanism,with a view to providing legal protection for lenders in China’s P2 P network lending.