Research On The Law Of P2P Network Borrower's Rights Protection In China

P2p network lending is a financial innovation model in which the Internet and lending finance are deeply integrated.It effectively solves the long-term financing difficulties of SMEs and socially disadvantaged groups in China,and makes up for the shortcomings of traditional lending services with small geographical scope and poor information.However,due to the lag of the legal system,the government supervision and the long-term blurring of the industry self-discipline,the illegal fund-raising and volume-running incidents of the platform frequently violated the legitimate rights and interests of online lenders and undermined the development of the p2 p network lending industry.basis.At present,the government departments focus on supervising the development of the p2 p network lending industry from a regulatory perspective,purifying the online lending industry environment by adopting a platform filing and retiring the non-compliance platform,but the legislation on the protection of the lender's rights and interests of p2 p networks Arrangements and specific system design are lacking.At the same time,in theory,the definition of the legal status of the lender is still vague;in the relief,there are problems such as poor non-litigation mechanism,high cost of judicial settlement mechanism,difficulty in proving evidence,and long time,etc.,and cannot effectively protect the p2 p network.Relief of lenders' rights and interests,so it is imperative to study the protection of p2 p network lenders' rights and interests,both in theory and in practice.This article will be discussed in five parts.In the first part,the background and characteristics of p2 p network lending are first elaborated.Secondly,the p2 p network lending lender(only the natural person)has the legal status of financial consumers.It is proposed that lenders should be given oblique protection.Finally,with reference to financial consumer rights,the content of rights that online lenders should be protected in the p2 p network lending field in China is discussed in detail,which helps to lend in the legislative and regulatory process.The protection of human core rights has been focused.In the second part,from the perspective of basic theoretical analysis,the basis for the oblique protection of p2 p network lenders' rights and interests is discussed.In the third part,from the perspective of legislation,supervision and dispute resolution mechanism,the author deeply probes into the problems faced by p2 p network lenders in the protection of lenders.It points out that there are mainly the lack of legislative ideas on the protection of lenders' rights and interests,the imbalance of supervision principles,and the default of borrowers.Risks,lack of platform access and exit mechanisms,and imperfect dispute resolution mechanisms.In the fourth part,the US and UK p2 p network lenders protection as a reference,from the perspective of regulators,online lending self-regulatory organizations,online lending platform to analyze the protection of lenders,and secondly,analyze the UK,The US experience in the protection of online lenders is a reference and inspiration for our country.Finally,the author points out the problems existing in the legislative,regulatory,and dispute resolution mechanisms of the online lenders discussed in the third chapter,and combines the experience of the United States and the United States on the protection of online lenders,and proposes p2 p online loans in line with China's national conditions.The lender has specific protection measures.