The Study Of P2P Lending Risk Supervision In The View Of The International Law

P2P lending is the acronym of English peer to peer lending, it originated from individual to individual private lending. At present, it mainly refers to the lending transactions which is performed by individual through the Internet platform. letting network platform as the intermediary institutions to audit lenders loan credit status, releasing borrowing information, promoting lending transactions. It can solve the problem of the small borrowers’financing difficult, and can provide small investors with a relatively low risk and high yield of financing opportunities, net profits from lending transactions, credit platform is set up to serve several new financing platform. With the advantages of low barriers to entry, high return on investment, legal, and control the borrowing,P2P network platform is facing rapid development potential. From 2007 it has been set up, after 7 years it has reached more than 300, and annual turnover of 202 billion yuan by the end of 2014. P2P model, this emerging industry, as new attention by the social from all walks of life, but the aura, is always accompanied by shadow behind the manifestation is the absence of higher operational risk and legal regulation. Although the lack of legal regulation to the development of network lending industry, it provides a relatively free space for development, avoiding the wrong regulation deformity caused by the market, however, the lack of legal regulation also led to the good and evil people mixed up in the industry, net loan company’s life is not long, for illegal fund-raising irregularities, using the platform of money laundering crime,such as the high bad debt rate etc. all of this are more than the present network lending industry can solve. Therefore, a P2P network industry regulation law, guide and regulate the network finance association of self-discipline, is the fundamental guarantee to the healthy development of the P2P industry in our country.This paper is composed of five parts:The first part is the preface, it is the overall summary about the present situation of P2P lending regulation, through the introduction, it can introduce this paper, the writing logic, all can guide the reader to found the problem, the causes.The second part is the first chapter of this paper. It introduces the generation and development of P2P lending. Firstly, it introduces the definition of P2P, clarify its concrete connotation, and distinguish the difference with traditional lending; Secondly, it is the origin and development of P2P network credit industry and its present situation, it also pointed out that in our country, P2P industry has developed rapidly, thirdly, This paper puts emphasis on the solution of network lending business, the current network lending risks, and the classification of risk, the inner mechanism of the existence problems, all of this can improve the logic structure of this chapter, and also as the groundwork of next chapter.The third part gives a detailed explanation of the regulatory status of the network lending. It points out that the lending industry regulation pattern in the network in China and the problems that lack of regulatory laws, unknown regulatory body. And it further demonstrates that strengthen the regulation of P2P industry is the realistic urgency of legislation in our country.The fourth part focuses its attention on the outside examination of P2P regulatory legislation.this chapter puts the United States, South Korea, British, these three relatively developed countries as the research object, and let the main legislative environment, law, legal effect as the three angles, points out its advantages and gain and loss, including the time when the United States affected by the subprime crisis to P2P industry, fine but tough regulation both raise the operating costs of P2P industry and its development become one hand tied behind your back. South Korea views its unclear on P2P industry development status, uphold the principle of the legislation should be thick should not be fine, it only makes a limited restrictions. Britain to P2P industry, there is no clear regulation law, self-management relies mainly on the industry association. The last of this chapter gives a detailed explanation of the three Kingdoms supervision mechanism to our country.The fifth part, the construction of supervision mechanism in our country to P2P industry. The supervision mechanism of our country should from the perspective of consumer financial protection, making clear of the regulatory goal, set up the main body of regulatory supervision, object, and the standardization of funds management, strengthen risk control, improve the external supervision, establish eight key exit mechanism, and build a system of combining comprehensive regulatory system.