| At present,the P2 Plending platform show explosive growth.P2 P network platform for personal loans and loan investment to open a new platform, as a kind of financial innovation should be encouraged by policy and regulations.However, the current P2 P loans due to the lack of legal regulation is in a state of chaos, the legislation is not yet complete, unclear legal nature, is still in its regulatory vacuum,leading industry, a mess some companies for the purpose of fraud is also mixed. This year, shenzhen "want want to borrow a P2 P network, credit platform launched five months after night lost. Lead to damaged the interests of investors, P2 P network platform the risk of loans has not allow to ignore.P2 P network industry admittance threshold low loan in our country, the insufficient funds platform is easy to capital chain rupture, net credit platform operation is not transparent, clear and settlement are not isolated, buried the risk capital precipitation, inevitable gamble away with it. For P2 P network platform, lack of legislation and regulation, which investors for P2 P network platform lack of awareness, loans in P2 P network platform is easy to cause the illegal activities such as lying to investors. According to the related research for equity investment in the industry, the current national more than 1000 illegal fund-raising problems P2 P network credit platform. "Mainly because regulators have not been in view of equity funds in the field of special characteristic corresponding policy." Regulators to major from fundraising and standard aspects of information disclosure, reduce illegal fund-raising survival space, specification development of partnership funds. Banks have the CBRC regulation, the net credit platform should belong to the financial system also has the regulation of the China banking regulatory commission, at the same time the central bank’s credit reporting system is perfect, network platform should be docking central bank credit reporting system, related policies to be introduced. If the future road net credit running events cannot be effectively stop, the resulting risk will bring fatal blow to the P2 P network credit industry.This article is divided into six partsThe first part i——ntroduction. This part mainly introduces the network lending platform specification and development present situation, summarizes the current related legal vacuum. Cause a lot of risks, it is concluded that the net credit platform of the relevant legal documents and industry self-discipline organization needs to be a conclusion.the second part ——An overview of the network of lending platform.Mainly includes the following contents: first, the concept of lending to network platform.Through the introduction of the literal meaning and origin of network credit platform on its concept. Second, the characteristics of the network credit platform. Through the network platform loan subject, object, content to summarize its characteristics. Third,the network platform compared with other forms of financing. Through the net credit platform compared with the traditional folk lending, formal financial institutions that net credit platform. Fourth, the network platform the legal nature of the loan. Through the analysis of network whether credit platform has a financial nature to illustrate its legal nature.The third part ——Our country network platform and the operation mode of the foreign lending to network platform.Mainly includes the following contents: first, the domestic P2 P lending operations. By introducing several typical domestic network the operation mode of the credit platform system in this paper, the network platform loan operation mode in our country. Second, foreign lending to P2 P network operation mode. Third, the comparison of P2 P lending operations at home and abroad.Through the network platform comparison at home and abroad, summed up the network platform to improve loan in our country.The fourth part——In the P2 P network in our country the status quo of credit platform and operation risks. Mainly includes the following contents: first, the present situation of our country’s network lending platform. The analysis of current situation of the development of net credit platform. Second, network platform lending legal risks in our country. The author thinks that net credit platform has the following five legal risk, 1, qualitative unknown cause lack of supervision of private lending laws in our country. 2, wanton beyond the scope of business, suspected of illegal business.Lending to 3, the network platform of credit risk assessment mechanism is not sound.4, market admittance threshold low lead to hidden trouble. 5, accounts the lack of regulation, can’t fully ensure the safety of the funds.The fifth part——Lending to network platform of legal risk prevention measures.Mainly includes the following three aspects: first, clear lenders main body’s legal position and the rights and obligations. Second, improve the network lending platform of credit risk evaluation mechanism. Mainly includes: 1, perfecting personal credit system in our country. 2, to set up the website’s credit rating system. Third,improve the network of private lending platform risk control system. Mainly includes:1, strengthen the loan before the audit. 2, build system of information disclosure, and implement the settlement separation. 3 self-discipline organization, to set up the industry association.The sixth part ——The development of the P2 P lending. Mainly includes the following three aspects: first, the integration of P2 P lending industry. Second, the P2 P lending platform market positioning is more clear. Third, the network platform and offline financial institutions lending to cooperation.The seventh part——conclusion.This part mainly to this article generalizes the research train of thought, and the author’s point of view are summarized.The keyword:Lending to the network Operation mode The legal risks:regulatory The development prospect... |
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