| Peer-to-peer online lending is an active that achieve the lending relationship through the internet.The P2 P online lending platform is the bridge of information interaction,it can match the borrower's borrowing demand and lender's lending demand effectively.On the one hand,the appearance of online lending provides new financing channel to individuals and micro businesses.Its distinct advantages such as simple process,efficient examination and approval and flexible approaches and so on makes many borrowers regard the P2 P online lending as their first financing choice.On the other hand,P2 P online lending also offer the new way of financial management to the people who has a lot of idle funds.The rate of return on lending funds is much higher than the bank deposit rate,and the period of lending is more diverse than the term of deposit,all these characteristics attracts a large number of lenders.However,it is just this kind of lending activity that can achieve all-win results bring many serious problems and risks as well: in a big way,many platforms absconded with the money from lenders,many platform went bankrupt because of a breakdown in funding.In a small way,the platform failed in its duty of risk management causing the borrowers to maliciously borrow and then refuse to repay,the platform charges exorbitant service fees,causing borrowers to be overwhelmed and unable to repay.All these not only seriously infringed the legitimate rights and interests of online lending participants,but also causing a certain amount of panic,at the same time,it greatly disturbed the financial order and social stability.The author writes this thesis,hopes to find out the risks by combing its operation modes and legal relationships,and put forward the corresponding countermeasures through the analysis reasons.This thesis is divided into six parts.The first part mainly introduces the concept of properties of the P2 P online lending,and explains that its essence is a kind of financial disintermediation.With the platform transforming form one-to-one matchmaking to many-to-many matchmaking,the online lending has also began to take on the attributes of debt crowdfunding.The second part briefly summarizes the development course and the present situation of P2 P online lending industry in our country,then combs the legal relationships between the subjects in the four operation modes of P2 P online lending,which are pure intermediary mode,creditor's rights transferring mode,third-part guarantee mode and sale and leaseback mode.The third part mainly analyzes the risks of P2 P online lending from the aspects of Civil Law,Administrative Law and Criminal Law.The fourth part introduces the operation and supervision of the P2 P online lending industry in the United Kingdom and the United States,and summarizes the inspiration for the development of China's P2 P online lending industry.In the fifth part,we mainly analyze the reason of the risk,for example the legal system is not sound,regulatory standards is disunity and too high,the social credit system is not perfect,the platform self-discipline is poor.The last part put forward the corresponding countermeasures in the aspects of perfecting laws and regulations,uniforming regulatory standards,establishing credit reporting system and strengthening platform self-discipline.In the process of writing the thesis,the author used a variety of research methods.The first is the investigation method.The author called the practitioners in the industry to consult and understand the relevant business operation model,and also collected and studied many contract text materials within the platform.The second is empirical research.In order to fully understand the operation process of the platform,the author actually loaned funds through the platform APP and experienced the process of transferring creditors' rights.The third is the comparative research method.By comparing the operation and supervision of the P2 P online lending industry in the United Kingdom and the United States,we can find the risk prevention measures worthy of reference for China's P2 P online lending industry.The forth is the literature research method.The author consulted many related books,journals,papers and web articles,and fully understood the operation mode of online lending,legal risks,new policies,industry trends and other related content.In my opinion,we should look dialectically at P2 P online lending.Although it has a lot of risks in the development process,we can not deny its positive significance in solving the financing problem of individuals and small and micro enterprises,we also can't kill the whole in order to avoid the risk.Rather,it should adopt a "moderately inclusive" attitude and ensure its healthy development through system guidance,regulatory correction,credit system construction,platform self-discipline,etc.,so that it can fully play the function of inclusive finance and benefit the public. |
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