Study On Legal Risk Prevention Of P2P Network Lending Platform Operation In China

The P2P network lending platform has appeared in China for the first time since 2005 and has experienced more than a decade of development.Initially,inorder to encourage financial innovation,the regulatory authorities did not restrict the development of the network lending industry.The network lending platform was actually in a state of barbarism with no threshold and no supervision.However,with the continuous development of the industry,many problems have gradually emerged,and the regulatory authorities have begun to formulate corresponding regulatory systems to regulate their development.The supervision system of China's network lending industry is based on the serious social risks caused by the massive collapse of network lending platforms.The specific problems in the development of the platform have been gradually established since 2015.This"problem solving" supervision method makes the legal supervision system of China's network lending platform is not systematic,and the connection between reg-ulations and regulations is not smooth,and it is difficult to cope with the problems arising in the operation of the network lending platform.Today,the problems faced by China's network lending industry mainly include two aspects,one isthe settlement of historical issues,and the other is the norm of the future development of the industry.China's network lending platform has accumulated a large number of problems in the process of early development.The solution of these problems can not be completed in a short period of time.Regulators need to base their country's national conditions,combine the development status of the network lending industry and the operational practices of the platform,and propose solutions.Based on the operation practice of China's network lending platform,this dissertation analyzes the legal risks existing in the actual operation process of China's network lending platform,draws on the experience of foreign supervision,and proposes legal risk prevention,hoping to provide a healthy development of China's network lending platform.The main content of this dissertation is divided into four parts:The first part depicts the development status of P2P network lending platform in China.On this basis,the legal relationship related to network lending platform and China's current regulatory system are carried out.The second part introduces several typical business models of China's network lending platform.The third part starts from the business model of China's network lending platform,and it exists in the operation of China's P2P network lending platform from the two aspects of classic mode and alienation mode.The legal problems and risks were analyzed and elaborated.Finally,based on the analysis results of the third part,based on theforeign regulatory experience,combined with the actual situation in China,the paper puts forward the suggestions on the legal risk prevention and regulation of the network lending platform.Nowadays,the development path of network lending platform in China has gradually become clear:in the short term,the regulatory authorities should establish an industry access and exit mechanism,solve historical problems through measures such as compliance investigation and filing,and accelerate the industry to clear and purify the industry environment.In this way,the risk control capability of the network lending platform will be forced to improve;in the long run,China's credit information system,financial infrastructure construction and legal supervision system should be improved,and investors should be properly managedto achieve a balance between supervision and innovation.