Functional Disorganization And Institution Of Rural Collective Economic Organizations

In the recent years,the amount of P2P online lending has increased to tens of billions,while laws on such field are lack.This paper makes a systematic study of the protection of lenders' rights and interests in P2P online lending,tries to summarize the problems existing in the protection and puts forward some targeted suggestions about the solution to these problems.This paper is divided into three parts:The first part defines P2P online lending and online lending lenders.The rights of P2P lending lenders,which are mediated by lending platforms,have unstable platform characteristics and weak information acquisition ability.With the gradual complexity and abstraction of financial products and the specialization and integration of financial transaction modes,non-professional investors and mass investors begin to integrate with consumers and become financial consumers.P2P online lending lenders also belong to the category of financial consumers.The identity transformation of investors in the financial market also leads to the identity transformation and role change of P2P online lending lenders to financial consumers.At the same time,due to the diversity of P2P online lending and the legal rights of illegal qualitative online lending lenders in China,the property of venture investment is concealed.The second part is to analysis the current situation and existed problems of the protection of P2P online lenders.Recently,there is no special law of P2P online lending in our country.Three types of victimization models are concluded from the types of rights victimization in the practice of online lending lenders,including fictitious borrowers,untimely disclosure and incomplete subject qualifications.The problem behind the three types is that China does not have a special legal document to regulate the problems related to P2P network loans at present,and only relying on the relevant provisions in the current law is inevitably not targeted.The problems in the protection of P2P online lenders' benefits include: no limit on the investment of lenders;the operating risks resulted from the risks of P2P lending platform;the defects in credit rating system for borrower resulted from the defects in the recent credit reporting system and the lack of unified credit rating system;and the lack of industry supervision,and so on.These problems consist a big hidden trouble in the protection of online lenders' benefits.The third part proposes solutions to the problems existing in the protection of the rights of P2P online lenders.To set up limitation of lenders' investments;To recognize the legal status of lending platform and set up capital access requirement of lending platform,which may protect investors from blinding investments and reduce the operating risks of lending platform;To prevent advertisements of zero risks,and to protect lenders' benefits;To be strict in the verification before lending to prevent bad debt,and to encourage the platform well control the risks by setting different maximum lending amount limits for different platforms;to encourage qualified third part payment platforms instead of commercial banks to supervise the lending platform on the operating risks.And we shall complete the personal credit reporting system and credit rating system.We shall establish supervising departments around banking regulatory commission,and shall promote the development of industry associations.