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Research On The Supervision Of P2P Lending's Information Disclosure In Law

Posted on:2019-10-22Degree:MasterType:Thesis
Country:ChinaCandidate:H LiuFull Text:PDF
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On August 24,2017,the CBRC's official website promulgated the Guidelines for Information Disclosure of P2 P Lending(hereinafter referred to as "Disclosure Guidelines")and the promulgation of "Disclosure Guidelines ",which marking the basic framework of supervision on P2 P Lending called "1 + 3"(One Approach Three Guidelines)are almost accomplished.According to the "Notice on Doing a Good Job in Rectification and Acceptance of Risks on P2 P Lending "(Circular 57),stipulated that localities must complete the record filing and registration of P2 P lending in their respective jurisdictions by the end of April 2018 and will finish the work by the end of June.The final confirmation of the regulatory timetable means the platform which can successfully pass this filing can get the chance of further development or it will be eliminated.Since then,Shanghai and Shenzhen have released the "Rectification and Acceptance Rules" of the P2 P lending,detailing the corrective items that the P2 P lending should complete before applying for the financial office for register.Whether "Circular 57" or "Rectification and Acceptance Rules" promulgated by Shanghai and Shenzhen made the corresponding requirements on information disclosure.However,the current regulatory status of P2 P lending platform is unreasonable due to allocation of regulatory powers based on system regulations,leading to the regulatory gaps in the development of P2 P industry.The information disclosure behavior of P2 P lending platform is not perfect or unified.Specifically,in practice,information disclosure ofP2 P lending is incomplete and unreal in content,inconsistency in the way of disclosure results in low utilization rate of information,and the accountability mechanism for accountability for disclosure due to infringement of laws and regulations is not perfect,resulting in the gap of information untrue.The loss of investors can not get the corresponding right relief.Based on this,the paper will use three chapters to analyze the above-mentioned three pieces of specific issues,namely,the irrational configuration of supervisory powers,the disclosure content and methods of information disclosure in practice,the guarantee of the authenticity of information disclosure,the commitment of responsibility.And through comparison of the Anglo-American regulatory experience,in order to give reasonable recommendations.Specifically,the article is divided into five chapters: The first chapter analyzes the importance of information disclosure of P2 P online platform,and further analyzes the origin of information disclosure supervision of P2 P online platform.Then through the review of China's P2 P online lending platform information disclosure supervision laws and regulations,clarify the current unreasonable place in the allocation of regulatory power,as well as the incomplete disclosure of information disclosure in practice due to the unreasonable configuration of regulatory power in practice.Chapters 2 to 4 systematically discuss the above three problems through systematically exploring the three issues in China.By comparing the British and American regulations on these three issues,we have made it clear that China can improve its P2 P online lending platform.Chapter 5,as the end of the article,put forward corresponding suggestions for the analysis of the above two to four chapters.
Keywords/Search Tags:P2P Lending Platform, Supervision mode, Information Disclosure, Regulate Behavior
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