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A Research On The Problems And Legal Countermeasures Of P2P Lending Platform

Posted on:2015-01-07Degree:MasterType:Thesis
Country:ChinaCandidate:Z ChenFull Text:PDF
GTID:2266330428966216Subject:Law
Abstract/Summary:PDF Full Text Request
When P2P Lending platform started its work in China, it had aroused strong repercussions in the society. Some people support it, and think that it is an excellent representative of China’s Internet financial innovation. Well, on the other side, some people think it is a variant of the illegal fund-raising. It is assumed that the volume has reached tens of billions of dollars every year. However, few laws related to it, nor to regulatory agencies.In the first part of the article, it has briefly introduced the originate of the P2P Lending platform, and the main mode of P2P Lending platform in our country. Then, get a briefly introduce of the mode depend on YiXin and PaiPaidai. After all, point out that the P2P Lending platform is an important supplement and its indispensable of the lending market in our country, it help a lot of small micro enterprises and individuals achieve their development and dreams. At the end of the part, compared P2P lending platform with small loan companies, commercial Banks, pointed out that the P2P lending platform does not belong to financial institutions.In the second part of the article, it points out that there are some problems in the P2P Lending platform. First of all, the action to protect the lender is not perfect, and can easily cause the rights and interests to be damaged. The system of laws and regulations related to the industry is imperfect. Because of the position of P2P Lending platform is not accurate, the platform should be considered as illegal fund-raising. The good and bad are intermingled for lack of perfect entry and exit mechanism. When the risks occur, the platform will choose to go with the money easily. The platform also has bad debt risk, operation risk, credit risk and so on. because of the lack in risk control. Moreover, China’s current credit reporting system is not perfect, there is no perfect personal credit information, every platform has different standard for borrowers information. Finally, the potential risk in the P2P Lending platform, and the lack of necessary regulatory agencies and regulatory law, make it a huge risk in the P2P industry.In the third part of the article, it answers the problems appear in the second part. For example, we should establish the legal status of P2P lending platform, the access must have certain capital restrictions, senior managers must have some job experiences. If do that, these can prevent relevant natural person blind investment in this industry, also can reduce risks in the running process. The platform should control the capital flow strictly, use the third-party payment mechanism to regulatory the middle account. Risk-free motivational propaganda is not allowed, in order to protect the right of the lenders’. For the risk of bad debts, the platform should string the audit before loans. Different platforms should set up different maximum loan amounts, to encourage platforms to strengthen the control of risks. For the existence of operational risks, the platform should encourage qualified third-party payment platform to monitor, rather than the commercial bank. For operational risk, the risk reserve system must be established. And has a detailed discussion on the source of the funds, purpose, amount, regulation and so on. The risk reserves shall be managed by the bank, issued by the industry association, and along with members in the platform to monitor capital uses. For the existence of credit risk, we should establish a blacklist of sharing mechanism. In terms of credit reporting, we should improve the system of personal credit system and credit rating. Regulators should be established, mainly to the China banking regulatory commission. At the same time, we should encourage the development of the industry associations.
Keywords/Search Tags:P2P Lending platform, risk management, legal supervision
PDF Full Text Request
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