| In China,P2 P began to appear in 2007,which is a new form of private lending and borrowing.It is also a kind of internet financial innovation.It has experienced a slow development of several years since it appeared,until in 2011,when it started to expanded rapidly.Combining the unique advantages of private lending and internet banking,it has brought a large amount of legal risks as well.Accompanying these legal risks are a series of running away,collapse,and withdrawal difficulty events in P2 P industry reality,which make the industry’s benign development thwarted,leading to serious loss of the interests of investors,and destroying the stable development atmosphere of internet banking.China’s legal supervision for P2 P is lag behind,from the period of blank to ambiguous,and till now,a particularized,specific and efficient legal supervision system is still not yet formed,but only with a certain degree of development and some regulatory measures.On December 28,2015,“The Interim Measures for the business activity management network credit information agency(Draft)”(hereinafter referred to as“Measures”)researched and drafted initially by the China BankingRegulatory Commission,and jointly by the Ministry of Industry and Information Technology,Ministry of Public Security,the State Internet Information Office Department,was officially released and open for public comments,according to the basis of legitimacy of P2 P,the“Measures” confirms the legal position of the P2 P,defines the business scope of P2 P,establishes a black list for P2 P business,the basic principles that lenders and borrowers should abide with,and stipulates record management,business rules and risk management,lender and borrower protection,supervision management,legal responsibility and so on,as well as detailed provisions of the P2 P operation process in all aspects,laying the foundation for legal supervision of P2 P,and pointed out the direction.The wild growth of P2 Ps shows its important role in China’s social and economic developments in China.P2 Ps provide many small and medium-sized enterprises with efficient financing channels and convenient financial services so as to activate the civil capitial.In the P2 P network,the way of how lending rates are formed is transparent,and is the spontaneous to the market-based interest rate.In this sense,P2 Ps have an important role in promoting the interest rate marketization.The income coming from P2 P lending is usually higher than bank deposit interest,and with its low investment threshold,it has become an important way to manage money to many investors and contributed to theestablishment of an inclusive financial system,some P2 P platforms such as “Wokai” provide loans at a low interest rate for the poor areas and their people,embodying the contribution of finance to social welfare.Therefore,regulatory measures should be formulated to help with the healthy and orderly development of P2 P.This paper briefly described some malignant and bad phenomenon of P2 P development in our country,summarized the P2 P legal risks in our country,briefly introduced the effect of P2 P legal supervision in Britain and America,introduced and commented the development of the P2 P legal supervision and its current situation in our country.According to the academic research results of our country,I made some suggestions for the establishment of P2 P legal supervision of our country. |
