Research On The Legal Countermeasures Of P2P Network Lending Risks

In the Internet era,the development of P2 P network lending has practical significance to make up for the shortage of traditional financial services,to meet the financing needs of small and micro enterprises and the general public,and to realize inclusive finance.However,the disorderly development in recent years has resulted in risk overlap,which has affected the stability of the financial system.Firstly,this paper introduces the concept of P2 P network lending,and compares it with traditional private lending,network microfinance and crowdsourcing.From the perspective of the legal relationship of all parties involved in P2 P network lending,the internal legal relationship among borrowers,lenders,network lending platforms,depository banks and other equal subjects is sorted out at the level of private law,and the external legal relationship between P2 P network lending institutions and central bank,financial office,telecommunications and other regulatory departments is analyzed at the level of public law.This paper expounds the risks arising from China's P2 P network lending and analyses the causes of the risks.Compared with the maturity of traditional financial system and the perfection of rule system,the development time of P2 P network lending is short,and the risk control ability is weak.P2 P network lending platform is alienated from information intermediary to credit intermediary.In the process of operation,the legal restriction is not fully considered,the obligation is not fully fulfilled,and there are risks in the aspects of network money laundering,illegal fund raising,usury and so on.In view of the risk points sorted out,this paper further analyses the causes of P2 P network lending risk,including legislation lagging behind industry development,low level of relevant legislation,weak traditional supervision,imperfect credit reporting system,imperfect industry self-discipline and so on.The establishment of any regulatory system is closely related to the development of our country.Starting from the mode of P2 P network lending in developed countries such as the United States,Britain,Germany and France,this paper analyses the management experience and wind control means of different countries.Combining with the actual development of P2 P network lending in China,this paper starts with perfecting credit reporting system,strengthening personal information protection and exploring a benign withdrawal mechanism,so as to build a system mechanism to prevent the risk of P2 P network lending.In the short term,attention should be paid to both risk mitigation and risk control.Through compliance checking and filing,access threshold should be raised,industry risks should be positively rectified and cleaned up,and the platform should be forced to improve the ability of wind control.In the long run,we should enact the personal information law as soon as possible,improve the basic system of social credit investigation legislation,and introduce regulatory measures to adapt to the development of the Internet,so as to prevent and mitigate systemic risks.