On The Legal Risks And Preventive Measures Of P2P Network Lending In China

Although Peer to Peer network lending has only been developed about a decade back in China,in the process of the development of Peer to Peer network lending business,the financial risk exposed is very prominent.Indeed,no one can ignore it.So We must pay close attention to this problem by taking reform and social harmony into consideration.Owing to the development of our financial system is not mature yet,and the rapid development of Internet financial services,it is necessary for P2 P network lending to establish and improve the relevant laws and regulations system.Furthermore,we must be strengthened the popularity and development of credit investigation,and clearly aware of the risks caused by the borrower,the borrowing platform and external causes during the P2 P lending process.We should Strengthen the self-regulation of the industry and related financial departments,and implement regulatory measures.According to the different causes of risks,develop different risk response plans,and regulate the market access threshold of P2 P network lending business,Peer to Peer network lending's scope of business.At the same time specific measures to regulate market withdrawal mechanism for financial institutions are discussed as well.Finally,we can realize the healthy and orderly development of P2 P net loan business,and promote the long-term stability of the Internet financial services industry.The first part is about the legal characteristics of the P2 P network lending the collation and analysis,clarify the legal relationship involving the concept of network lending and P2 P network lending,legal risk,prevention of subsequent P2 P lending in the proposals for the basic direction.The second part is about the development status of the P2 P network lending platform is analyzed,combined with the current development of the international experience of developed countries such as the UK and us,analysis of China's current P2 P net loan business development business models and defects.First of all,the United States and the United Kingdom is the P2 P network lending status carding.Secondly,this paper analyzes the basic situation in the process of developing P2 P business in china.Finally,it analyzes the derivative mode and defects of P2 P services.The third part is about the P2 P network lending legal risk analysis,respectively,from the borrower's risk,network lending platform risk and external factors caused by the risk of three aspects of analysis.First of all,the risks caused by the borrower include risks such as unknown identity of borrowers,illegal use of loans,lack of information disclosure mechanism,refusal to fulfill contractual obligations and other reasons.Secondly,the risks caused by the network lending platform include the reasons for the lack of audit obligations of the platform,the low threshold of the market access,the illegal establishment of the pool of funds,self financing business,illegal operation and other reasons.Thirdly,the risks caused by external factors mainly include the lack of self-discipline and the legal risks caused by imperfect credit information system.The fourth part is about the P2 P network lending legal risk prevention measures are analyzed,respectively,from the P2 P network lending risk prevention subjects,prevention principles and basic measures to prevent three aspects of analysis.On the subject of risk prevention,it mainly involves the risk prevention obligations of the parties involved in the network loan business.Thirdly,the basic principles of prevention include the principle of voluntary lending,the principle of risk taking,the combination of government support and trade preference,and the principle of strict access,strict supervision and strict strike.Finally,the basic measures of risk prevention include the risk prevention in the process of market access,the risk prevention in the process of business development and the establishment and improvement of market exit mechanism.This paper focuses on the practical analysis of P2 P net loan business,in order to standardize the business loan,P2 P net decrease in P2 P net loan business risk as the core,according to China's "information network lending agency business activity management Interim Measures","Internet financial guidance" and other departments of the legislative and judicial practice,learn from the advanced experience of developed countries the legal risks and defects in combing China's P2 P network lending,combined with practical experience at home and abroad,puts forward the corresponding countermeasures and suggestions.