The Study On The Multiplex Mechanism Of Dispute Solutions In P2P Lending

With the rapid development of Internet finance in China and the increasing demand for individual loans,P2 P lending has become an important way for individuals and micro and small enterprises to access funding.Rapid development of Internet finance and increasing demand for personal loans make P2 P lending becoming an important way to access funding for both individuals and small enterprises.While the amount and turnover volume of P2 P lending platforms is growing vigorously,the accompanying P2 P disputes trouble a lot,not only threatening the lawful rights and interests of the parties,but also destroying industry development and social stability.To solve these disputes,it is necessary to improve the existing litigation,arbitration,and mediation models,advance the implementation of other alternative settling mechanisms,refine a diversified dispute solving system suitable for national conditions.First,clarifying the concept and nature of P2 P lending disputes is a prerequisite for dispute resolution.P2 P lending disputes belong to the category of civil lending disputes.But compared to traditional folk lending disputes,P2 P lending disputes are more cross-regional,the subject of the disputes is group-based,conflicts are more likely to be intensified,and the disputes are more difficult to resolve.The subject of P2 P lending disputes also has its special legal status.The lending platform has the basic functions of a financial institution,and its legal nature should be characterized as a financial institution.Lending and borrowing are essentially buying and using financial products provided by online loan platforms and accepting financial intermediary services provided by them.Lenders and borrowers should be identified as Internet financial consumers.The types of P2 P lending disputes can be divided into three types according to the cause: overdue borrower type,closure of platform type,and fault of platform type.It can also be divided into three types according to the subjects who can exercise the right of recourse: lender recourse type,platform recourse type,and the third party recourse type.Disputes caused by different types of causes,the scale of the dispute and the resolution goals of the parties are different.Different types of recourses correspond to different disputes,legal relationships,recourse methods,and parties' willingness to choose a solution.Therefore,it is necessary to be classified for discussion.Secondly,due to the unique characteristics and complex types of P2 P lending disputes,compared with a single litigation mechanism,the multiple dispute resolution system can better meet the special needs of P2 P lending disputes.It is more in line with the traditional humanistic concept of peace since ancient times.It can deal with a large number of disputes caused by borrowers' overdue,platform clearance and closure,and meet the diverse needs of different dispute subjects,alleviating the plight of limited judicial resources.The multiple solutions have complementary advantages,which help to respond to the parties' demands,pursue relatively reasonable results,and convert the parties' expected rights into actual rights.At the same time,advancing the multiple dispute resolution system is also a necessary measure to protect the legitimate rights and interests of lenders and borrowers in a vulnerable position,and to demonstrate the value of modern rule of law civilization and the concept of rule of law,and to achieve good laws and sound governance.Thirdly,the current status of the practice of P2 P lending dispute resolution mechanisms is the basis for improving dispute resolution mechanisms.From the offline litigation practices reflected in the content of the ruling documents and the electronic litigation practices reflected in related news reports,we conclude that the current P2 P lending dispute litigation mechanism in China has difficulty in trials,excessive cases,and concentrated in grassroots courts,insufficient protection of lenders' rights in cases interlocked civil and penal.From the procedures and costs of offline arbitration,the status quo and costs of online arbitration,the status of arbitration implementation,and the reasons for rejection of enforcement applications,we conclude that the current arbitration mechanism has difficulties in implementation and high costs.From the selection and application of the three common mediation mechanisms in traditional social mediation organizations,mediation by mediation agencies,mediation in litigation or arbitration,we have drawn the problem that the current litigation mechanism has been applied too little.Finally,in view of the problems in the current litigation,arbitration,and mediation mechanisms,combined with the features of each dispute resolution mechanism in terms of cost,efficiency,and coercive force,we can make the following improvements.Improve the litigation settlement mechanism from three aspects: strengthening case diversion work,reforming related non-litigation procedures,and flexibly determining the effectiveness of loan contracts for cases interlocked civil and penal.Improve the arbitration settlement mechanism by optimizing the adjudication system and strengthening the enforcement of awards.Improve the mediation settlement mechanism from three aspects: improving the specialized financial consumption mediation organization,the existing socialized mediation mechanism,and the docking work with arbitration proceedings.In addition to the existing mechanism,other dispute settlement mechanisms can be built,including the establishment of an internal settlement system for the platform,and the introduction of other Alternative Dispute Resolution such as the "mediation +" model.On this basis,taking the resolution sequence as the standard,comprehensively considering the strength of the parties' rights protection and social benefits of each settlement mechanism,the dispute resolution mechanisms are divided into three levels: the preferred mechanism,the subject mechanism,and the guarantee mechanism.Besides,we need to complement it with a corresponding connection mechanism to ensure the smooth operation of the mechanism.