Research On Improving The "Interim Measures For The Administration Of The Business Activities Of Online Lending Information Intermediary Institutions"

In view of the supervision on the campus online lending,the recent documents have reiterated that including the campus online lending,position of all kinds of internet lending platforms are held as "information intermediary",in particular,"Interim Measures for the Administration of the Business Activities of Online Lending Information Intermediary Institutions",as a major regulatory rule,which aims to further deepen the positioning of "information intermediary".However,such positioning itself has many problems,not the least of which is that part of the contents completely violate the "legitimacy" principle of administrative law.Thus,based on such positioning,the regulatory rules are definitely impossible to achieve its bar of expectation.In terms of literature analysis,comparative analysis,argument analysis and other research methods,the author takes the "information intermediary" as leading perspective,comparing with other legal provisions in order to reveal its illegal nature,and on this basis,working out some constructive comments to strengthen regulation on campus online lending.The article consists of five parts:The first part is introduction.Setting forth the positioning in question dominates the whole industry,a correct industry position will be favorable to strengthen the special supervision on campus online lending in our country,whilst the current position is neither correct nor legal.It is necessary to be aware of the significance of the industry positioning mentioned in the regulatory documents.The second part is the analysis of the "Interim Measures".Analyzing the content of the "Interim Measures" that plays as the main role of supervision,as well as the background of its promulgation,expounded that the current regulation of campus online lending platform is a kind of campaign-style law enforcement with obvious sequelae.So it is unlikely to have a practical significance.The third part is the analysis of the illegality of information intermediary positioning.Through the analysis of the relevant upper law,it is obviously that the positioning is illegal according to its superior law.Even by comparing with a certain administrative regulation which is equal to the "Interim Measures",it is also not difficult to reveal that the positioning overrides some core provisions of the compared regulation.The conclusion is that the positioning is not only unreasonable but also illegal,it will surely exert server destruction to the financial order framed by our country's existing laws and regulations,what's more,the positioning obviously reflects that the "Interim Measures" has the nature of industry bias.Take a long perspective of the industry development,it will be more harm than good.The fourth part is the influence of information intermediary positioning on campus online lending platform,which is not only ineffective to strengthen its supervision,but also likely to drive it into a vicious cycle.Other investors see the campus field as a "safe island" and flock into it.As a result,the students will be the victim,so the campus online lending,in nature,as a part of inclusive finance will finally lose its exsiting significance.The fifth part is thinking on strengthening the "Interim Measures",putting out some remarks and opinions,the first is to change the obsolete thinking of regulation,and re-position the industry,deny the positioning of information intermediaries,and on the basis of the two,further strengthen specific measures for the supervision of campus network loan.