Since the establishment of the world’s first P2P platform in 2005,P2P platform network lending services have been actively promoted around the world.P2P platform network lending services were first introduced in China in 2007.China’s P2P platform is a combination of P2P lending and online lending The Internet financial service website operated is a kind of private fund lending model that collects a small amount of money together to lend to interested parties who need to borrow.This model has realized the liberalization of funds and interest rates to a certain extent,improved the liquidity of private lending,and made up for the shortcomings of occlusion and information lag in the credit market for a long time.However,at the present stage,the development of China’s P2P Internet lending industry is facing credit risks,imperfect administrative credit reporting systems,lack of administrative information disclosure mechanisms,and the alienation of some P2P platforms from information intermediaries to credit intermediaries,and the lack of comprehensive and effective self-regulatory organizations.Therefore,this article from the perspective of "administrative regulations",combined with the relevant content of China’s P2P platform industry and administrative law,conducts in-depth research and discussion,carefully sorts out the problems existing in the practice of China’s P2P platform,and proposes China’s P2P platform administrative regulations The perfect path of the system.This article is divided into four parts,and its main contents are summarized as follows:The first part: the status quo analysis of China’s P2P platform.On the one hand,it analyzes and analyzes the legal qualitative nature of the P2P platform in China,the reasons for its rise,the development history of the P2P platform,the attributes of the P2P platform,and the value and function of the P2P platform,and explores the current status and characteristics of the current P2P platform in China.From the perspective of the actual operation mode and value function of China’s P2P platform,this paper summarizes the actual operation mode and corresponding social function value of China’s P2P platform,and analyzes the true state of development of China’s P2P platform at this stage.The second part: the interpretation and practical dilemma of the administrative regulations of China’s P2P platform.First,the connotation of the administrative regulations of China’s P2P platform is explained.Secondly,put forward corresponding principles and requirements for the administrative regulations of China’s P2P platform,that is,to balance the protection of participants and the industry relationship of P2P platform,coordinate the promotion of business innovation and standardize business development,establish a combination model of independent management and self-regulatory management,and consider public Interest principle and efficiency principle.Finally,it summarizes the current plight of China’s P2P platforms.The third part: Lessons Learned from the Development of Administrative Regulations in Foreign P2P Industries.Taking the United States,the United Kingdom,and Japan as representatives,the introduction of the administrative regulations of the respective P2P platform industry development as an empirical model.Among them,in the United States,information disclosure on the P2P platform,P2P platform participant credit scoring standards,full-time administrative departments,and administrative licensing models,the United Kingdom in the P2P platform’s administrative management and administrative objection system,self-regulatory management,information disclosure requirements,In terms of order bankruptcy arrangements,P2P platform dispute resolution specifications,etc.,Japan has experience in administrative regulations that can be used for reference in the comprehensive administrative supervision model,information disclosure,and exit mechanism of P2P platforms.The fourth part: the perfect path of my country’s P2P platform clearing supervision administrative regulations.By clarifying the power and responsibility of the zero-type administrative supervision,promoting the construction of an administrative credit reporting system,improving the administrative filing management system of the P2P platform in operation,introducing a dispute resolution system through administrative guidance,and perfecting the connection between the zero-type supervision administrative regulations and criminal regulations In order to improve the administrative regulations of the zero-based supervision of China’s P2P platform industry. |