An Analysis Of P2P Financial Consumer Rights Protection Path

In recent years,the rise of Internet finance,the rapid development of the P2 P online lending industry,changed the traditional financial consumption model,resulting in more unequal transaction status between P2 P online lending financial operators and consumers,an increasing number of online lending infringement cases,and online lending financial consumers.It is difficult to safeguard the legitimate rights and interests of the company.With the development of the theory of information asymmetry and the "double peak" theory in the UK,financial supervision focuses on the obligations of financial operators and strengthens the protection of financial consumers.At the same time,with the development of public interest theory,it provides a theoretical basis for group dispute resolution for financial consumers.At present,there are two main ways to protect the rights and interests of consumers on P2 P online lending.One is through the financial supervision model before and during the event,and the other is through traditional judicial relief,including litigation,arbitration and mediation dispute.However,in the face of a large number of financial consumer groups and new forms of online lending infringement,existing dispute resolution mechanisms are somewhat stretched.In order to clarify the practical dilemma of protecting consumers’ rights and interests in P2 P online lending finance,an analysis was conducted with 130 cases(2016-2019)selected by the Legal Judgment Documents Network.The threshold for exit mechanism is low.False promotion and illegal fundraising of P2 P online loan platform during the operation process have threatened the property safety of financial consumers and violated the security protection rights of financial consumers.In addition,P2 P online loan platforms use and spread financial consumption at will.Personal information,formatting contracts violates consumers ’right to privacy and fair trade.In terms of judicial relief,the P2 P online loan platform and the regulatory agency relief system are not complete.Traditional judicial approaches have their limitations in the face of mass disputes,affecting the protection of the rights and interests of financial consumers.In response to emerging problems,introduce the US and UK’s system regulations on P2 P online lending models,financial supervision and relief channels,analyze the similarities and differences between the US and the UK regarding the protection of consumer rights of P2 P online lending financial consumers,and then propose China’s P2 P online lending financial consumers Rights protection path.In terms of specific ways to protect consumer rights of P2 P online lending financial consumers,establish the principles of Internet financial consumer protection,raise the entry and exit thresholds of the P2 P online lending market,strengthen the operator’s information disclosure obligations,improve the construction of credit reporting systems,and introduce third-party fund custody And promote the de-guaranteement of P2 P online lending platforms.In terms of judicial relief,in order to better resolve group disputes,safeguard public interests,increase the financial consumer public interest litigation system,improve the class action model based on the existing representative litigation system,and ensure the smooth settlement of financial consumer disputes,Maintain the stable development of the market.