Legal Supervision Of P2P Network Lending In China

In the current trend of networking and informatization,the development and application of Internet technology in the financial field have promoted the emergence of P2 P online lending platforms.At the same time,it also makes up for the lack of credit brought by many traditional financial institutions,provides convenience for individuals and small,medium and micro enterprises to borrow and lend,and provides better investment sources for private capital.As the supporting laws and regulations of P2 P platforms are not yet perfect and relevant regulatory work is missing,problems such as various platforms running away,fund raising fraud and illegal absorption of public deposits are also emerging.Platform problem is more serious is likely to affect our country's financial order and social order,therefore starting in 2015 the government gradually pay attention to the network industry regulation,which has taken some measures to punish,repel and part of the problem of platform,this paper focuses on the current regulatory domain analysis of existing problems and puts forward some countermeasures.The article is divided into four parts.The first part is the basic theory description,introduced the concept of P2 P network lending,generation and development,type,operation mode.In this part the author qualitative identity will borrow a P2 P network platform for information intermediary,through the data access,data collection expounds its development course,according to the established background can be divided into assets,Banks and other five,and also lists the operation mode of the platform in detail,mainly include information mediation model,security model and three kinds of obligee.Lending to the second part introduces the network platform of borrowing,such as brokerage contract legal relationship and combining GanYuBing,heaven and earth and gold investment case platform are analyzed some legal risks,the platform may involve illegal absorbing public deposits,to raise the risk of fraud,the borrower default,malicious arrears and enforcement as well as the lender of money laundering risk,etc.The third part introduces the current situation of legal supervision of P2 P lending platforms in China and analyzes some existing problems.For example,relevant laws and regulations are not perfect,the platform access threshold is low,risk prevention and control and relief channels are not perfect,the credit system is not perfect,the lack of industry self-discipline and other issues.In the fourth part,based on China's actual situation and combined with the regulatory experience of Britain and the United States,the author puts forward some opinions on setting up a special legal system for P2 P online lending,strengthening the supervision mechanism before,during and after the event,giving play to the role of self-regulatory organizations and accelerating the improvement of credit investigation system.