Research On Civil Liability Of P2P Lending Platform Exit In China

Nowadays,the continuous innovation of Internet technology has created an innovative platform for traditional industries and formed a series of “ Internet + ” innovative industries,among which P2 P lending is the most active.The P2 P online lending model originated in the UK.In 2006,it was established in China with Yixin as the representative.The establishment of these platforms marks the first step of China ’ s online lending industry.Since then,the P2 P online lending platform has expanded frenziedly,and the number of platforms reached 3437 at the most active time.In the early stage of development,due to the lack of effective supervision,the online lending industry is in chaos and problems emerge in endlessly.In order to curb this phenomenon and promote the healthy development of Internet finance,ten national ministries and commissions such as the People ’s Bank of China jointly promulgated the “ 《Guidance on Promoting the Healthy Development of Internet Finance》 ” in 2015.Subsequently,a rectification leading group was established to carry out the rectification and clean-up work.At present,the number of P2 P lending platforms has been completely zero.The zeroing of the platform is not the end point.Protecting the legitimate rights and interests of investors from infringement,promoting the healthy development of Internet finance,and maintaining social stability are fundamental.There have been three tides of withdrawal in the historical evolution of the platform.From the previous tides of withdrawal,it is found that a large number of platform investors are bloodless,and the personal information and transaction data of users are not well protected.Therefore,the author makes further analysis from the perspective of private law,and finds that the root cause of the above problems lies in ’ the unclear subject of civil liability of platform exit and the imperfect type of civil liability ’.In view of this,in order to solve the problem that the civil liability subject of the current platform exit is unknown,this paper takes Yang Lixin ’ s view that the right of claim corresponds to the civil liability,and divides the liability subject into the right relief subject and the responsibility subject.For the latter,in order to protect the victims more thoroughly and investigate the responsibility of the platform exit,on the basis of the current civil liability system,the author adopts Qiu Xuemei ’s civil liability system of ’ contractinfringement-protection ’ dichotomy,divides the responsibility which is difficult to clarify in the current civil liability system into the scope of protection responsibility to protect,and analyzes the civil liability types of the platform exit from the three dimensions of ’ contract-infringementprotection ’,so as to achieve the purpose of perfecting the civil liability types of the platform.Any way of assuming responsibility is not a separate legal system.Only when it cooperates with other regulations and systems can the best effect be achieved.Therefore,at the end of the paper,the author attempts to construct a supporting system for the civil liability of the exit platform from the perspectives of sound system,investment rights and dispute resolution mechanism.The supporting system includes the exit mechanism of the online lending platform,the investor protection association and the investor protection fund system,and the diversified dispute resolution mechanism.We hope that through efforts,we can provide a theoretical basis for the rectification work,promote the healthy development of Internet finance,and earnestly safeguard the legitimate rights and interests of investors.