| Since being brought in to China in 2007,P2 Pnetwork lending platform achieved rapid expansion in a certain period of time depend on later advantage of China Internet industry and Loose regulatory environment provided by the government.However,with the blowout development of P2 P industry,the drawbacks brought by lacking of regulation in the early are increasingly prominent.The low entry threshold,immaturity of the market,and the lag of the relevant regulatory system led to the occurrence of large-scale "exploding thunder" events in 2018 finally.At present,the industry had begun to step in the low period,so it needs to be supervised by using laws and rules strongly.The appearance of "exploding thunder tide " in the P2 P network lending platform resulting in a gradual increase in related civil disputes.Civil legal act concerns every stage of P2 P network lending.In view of its civil legal problems,the article makes a detailed analysis of the nature of "information intermediary" of P2 P network lending platform by collecting and studying all kinds of documents and materials.With the main point of the legal nature of the network lending platform and the legal relationship between the parties,discussing about legal relationship of select intermediary,guarantee legal relationship,creditor’s rights transfer legal relationship and so on.On the basis of analyzing the problems existing in the P2 P network lending platform simply,the default behavior of the platform and its liability for breach of contract are determined.Meanwhile,in view of the particularity of P2 P network lending platform in China,the tort liability undertaken by P2 P network lending platform should be affirmed.On the basis of collecting and reading lots of literature,the article combines with the actual situation of China for the problems in the platform,and puts forward some suggestions for the building about constructing the previous risk defense mechanism,strengthening the legal regulation in the course of trading and perfecting the construction of the platform risk control system in our country. |
