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Study On The Civil Liability Of Internet Financing Platform

Posted on:2020-12-12Degree:MasterType:Thesis
Country:ChinaCandidate:M T LuoFull Text:PDF
GTID:2416330578953647Subject:Law
Abstract/Summary:PDF Full Text Request
As a common phrase in the financial industry,Internet financial management is not a legal concept.Its legal attribute has long been controversial.Especially with the rapid development of Inclusive Finance and the continuous accumulation of national property in recent years,the demand for Internet financial management has gradually increased.Accordingly,the disputes arising from Internet entrusted financial management have shown a rapid growth trend,and the content of disputes has also tended to be diversified and complicated.At present,in judicial practice,China lacks special provisions for civil liability of Internet financial platform,which makes it difficult to apply specific laws to adjust disputes in practice.In addition,the civil liability system of Internet financial platform still has some problems,such as unclear responsibility sharing,lack of regulation of network format contract,and imperfect compensation mechanism.Therefore,defining the quasi-financial institutions' attributes of Internet financial management platform not only meets the current legal requirements,but also reflects the correlation between Internet financial management platform and financial business,which helps to clarify the civil liability of all parties involved in Internet financial transactions.In view of this,this paper takes the existing theory as the foundation,analyses the existing problems;then,returns to the theoretical research,combs the disputes on the subject nature and legal status of the Internet financial platform in academic circles;furthermore,combines with the examples of the judicial documents,aiming at the civil liability of the Internet financial platform.Finally,it puts forward suggestions to improve the civil liability system of Internet financial platform,in order to complete the spiral upward trajectory from theory to practice,from practice to return to theory,and then to provide guidance for practice.
Keywords/Search Tags:Internet Financing Platform, Liability for Breach Contract, Tort Liability, Civil Liability
PDF Full Text Request
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