Research On The Transfer Mode Of Creditor's Rights Splitting In P2P

The transfer mode of split creditor's rights is one of the main business models of P2P in China.This mode of operation is also one of the trading modes adopted by most P2P in China.This mode has achieved good results in operation,which has increased the transaction volume and revenue of P2P.However,in recent years,the emergence of various "thunderstorms" on the P2P network lending platform has brought huge losses to many investors,and also made investors begin to rationally view the P2P network lending industry.The risks and legitimacy of various modes in the business model adopted by the network lending platform have also aroused the reflection of users and the discussion of scholars.This paper is mainly divided into four chapters:The first chapter is an overview of the credit splitting and transfer model.This section mainly introduces the birth,operation mode and existing problems of the debt separation and transfer model.The second chapter discusses the legal nature of the creditor's rights split and transfer model and the legitimacy under the current legal system in China.First,it analyzes whether the creditor's rights split and transfer model constitutes asset securitization and similar asset securitization.The legal relationship,the purpose of the transaction and the asset securitization in the model are compared.It is concluded that this model does not constitute a transaction model of asset securitization,and there is a big difference from asset securitization.It cannot be classified as a class of asset securitization.behavior.By analyzing the applicability of the creditor's rights transfer system on the P2P online loan platform,it is concluded that the model has legitimacy under the framework of China's existing civil legal system.The third chapter is to analyze the potential risks in the model of splitting and transferring creditor's rights of P2P online loan platform,summarize the risk of default that users may encounter,and the risk of due diligence of online loan platform.Then we summarize the current status of China's supervision of the splitting and assignment of creditor's rights,and summarize the various problems in supervision.The fourth chapter is to improve the legal supervision of the P2P online loan platform debt split transfer model,mainly from the perspective of avoiding possible risks,and put forward our own suggestions for the improvement of China's current supervision of online loan platforms.Finally,the author's opinions and suggestions are summarized.