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On The Litigation Relief After My Country's P2P Network Lending Breach Of Contract

Posted on:2018-09-06Degree:MasterType:Thesis
Country:ChinaCandidate:H XuFull Text:PDF
GTID:2436330542476875Subject:Civil and commercial law
Abstract/Summary:PDF Full Text Request
P2P network lending,is a form of small loans to rely on Internet technology financial services.This internet financial model in the rise of foreign countries,and then introduced to China,the UK is one of the first countries to appear P2P network lending.Founded in 2007 the "ppdai.com" is China's first P2P lending company,according to incomplete statistics,in recent years,with the rapid development of P2P network lending platform,since the country has more than and 500 engaged in the P2P network lending.P2P network lending relying on the network's financial innovation model has many advantages,for example,the rapid spread of the use of network information to make up for the limitations of traditional commercial development of local deficiencies and so on.Due to the lack of specific and effective regulation system,P2P network lending platform defaulting in large area,more part of the platform under the guise of loan fraud,serious damage to the interests of the lender,it is imperative to regulation of P2P network lending.Through the analysis of the operation mode of P2P network lending platform,the platform can be divided into online trading mode,offline transaction mode,and the combination of transaction mode.These three kinds of trading patterns are different,and each has its own advantages and disadvantages.From the P2P network lending platform analysis for the actual transaction situation,P2P network lending to the nature of the network of private lending behavior,this view has also been confirmed by the relevant departments of the relevant guidance.There is the possibility of a transaction default on the P2P network lending platform for the analysis of default,the main reason for the breach of contract.After the analysis of the breach of contract,through the comparative study of the way,the distinction between the Anglo American law system and the Continental law system on the P2P network lending default is a private relief based,supplemented by litigation relief.However,due to the development of P2P network lending platform in China,the relief of breach of contract at this stage should be based on China's national conditions.Then,this paper focuses on the specific actions by the P2P network lending platform to extract "Chinese Judgment Document Network" when they breach in the litigation,and analysis the main problem,how it should adopt to litigation mode of relief led,and put forward reasonable suggestions to solve the current P2P network lending default.
Keywords/Search Tags:P2P network lending, Breach of contract, Litigation relief
PDF Full Text Request
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