On The Responsibility Recognition Of P2P Network Loan Platform

P2P network lending is an innovative lending service based on the global Internet.With the rapid development of the global economy,science and technology,and the Internet,individuals and small and medium-sized enterprises feel that the demand for funds is large and the source of resources is difficult.P2P platform gathers idle funds and lends them to borrowers with financial needs,aiming to create a service model for the general public.Nowadays,more and more people participate in online lending.The number and types of online lending platforms are increasing,and the problems exposed by them are also increasing.Due to the late start of P2P network lending platform in China,there are no special laws and regulations and special legislative regulatory platform in China at this stage,so there are great obstacles to solve the existing problems arising from the platform.This article will take the civil legal liability of the P2P network lending platform as the research object,analyze the legal relationship of the current P2P network lending platform,and analyze the legal status of the P2P network lending platform from the legal and factual level is a special intermediary legal status.Then,according to the legal status of the platform and the related obligations that may arise from the service analysis platform,the contract liability(including liability for breach of contract,liability for contracting negligence)and civil tort liability arising from the platform are identified.Finally,this paper discusses the practical problems of responsibility identification of P2P network lending platform,and puts forward corresponding suggestions,with a view to improving the responsibility identification of P2P network lending platform as soon as possible.On this basis,this paper is divided into three parts:The first part is the first chapter of the article.By introducing the origin,development,concept and type of P2P platform,this paper analyses the definition of P2P platform and its current situation,and puts forward the importance of studying the identification of legal liability of the platform.The second part is the second chapter of the article.The second chapter analyses the corresponding legal relationship of the P2P network lending platform from the legal and factual levels,determines the corresponding legal status of the P2P platform,thus establishes the research foundation of the legal liability of the P2P platform in this paper,and paves the way for discussing the responsibility identification and undertaking of the platform.The third part is the third and fourth chapters of the article,which is the core part of the article.According to the legal status of the platform,the third chapter analyses the contractual liability of the platform,including the determination of liability for breach of contract and the determination of liability for negligence in concluding a contract.The fourth chapter analyses the civil tort liability of the platform,mainly elaborates the elements of the civil tort of the P2P platform and the liability attribution.Principle.The fourth part is the fifth chapter of the article,which mainly analyses the problems in the identification of the responsibility of the P2P platform,and puts forward the relevant legislative proposals for the establishment of the identification of the responsibility of the P2P platform.