The Legal Regulation Of The P2P Network Lending Platform In China

P2P network lending as a new type of lending, since the emergence of the United Kingdom in 2005, relying on the development of Internet technology, widely spread in the world, the rapid development momentum. 2007 Internet lending into our country, which has injected new vitality into our financial market, and provides a new way for consumers personal credit and small and micro enterprises financing, and become the object of the Chinese people competing. P2 P network lending its English for peer to peer lending that individuals for personal loans, known in China as "everyone credit", through the P2 P network lending platform of information service, lenders can quickly find a suitable borrowers, while the platform just as information intermediary role, and in which charge fees, service fees as the basic source of income. P2 P network lending in China is still a new thing, on the one hand, P2 P network lending platform is the continuous growth, for China’s economic development injected new vitality; on the other hand, its the credit system is not perfect, the absence of law, lack of supervision and other defects, leading to malicious run road, ahead of time, on suspicion of fraud, lost, closure of business, run down and incidents occur frequently. In July 2015, the central bank and other ten ministries jointly issued a "guidance" to promote the healthy development of Internet banking in the macro affirmed the development of P2 P network lending industry and industry to determine the appropriate regulatory principles; in August of the same year, the highest law promulgated the "Regulations" the Supreme People’s Court on the case of private lending legal adjustment the interest rate of private lending; in November of the same year, thirteen five planning proposals in the third quarter of sixth clearly pointed out that "to regulate the development of Internet banking, visible, government’s focus on Internet banking, unfortunately, according to the P2 P network lending industry regulatory rules has not been introduced, some problems of the platform still has not been effectively resolved, it also net loan industry hindered the further development in our country. This article through the introduction of the general situation of P2 P network lending, in order to analyze the legal risks of its existence, combined with foreign loans and network development more mature countries legal system related to design, explore and improve the path of legal system in China’s network lending legal relationship in the new lending model analysis.This paper is divided into four parts.The first part is an overview of the P2 P network lending platform. Expounds the origin of the P2 P network lending; defines the meaning of P2 P network lending and its characteristics; discusses the nature of the P2 P network lending platform; analysis of the legal relationship between the main platform, clearly the rights and obligations between the parties; finally from the legal relationship involved in the main angle degree of P2 P network lending platform model are classified.The second part mainly discusses the risk of P2 P network lending platform in China. Including four aspects, one is our credit system is not perfect, P2 P lending market access and exit mechanism is not perfect, the third is P2 P network lending accessible legal red line, and the fourth is pointed out deficiencies for P2 P net loan industry regulation in China.The third part is foreign to the British and American special experience. Britain and the United States as the earliest and the most prosperous of the P2 P net loan originated and developed, the network for P2 P lending industry have taken from loose to tight regulatory policy, and according to its own characteristics of the formed their own system of laws and regulations, these valuable experience of our P2 P network lending law regulation has profound significance.The fourth part is the legal regulation of P2 P network lending platform in china. For the P2 P network lending industry in China is the existence of these problems, put forward concrete suggestions on the risk prevention from the perspective of the law: to achieve full coverage within the industry credit system, the establishment of credit punishment mechanism and blacklist exchange mechanism in improving the credit system at the same time, at the same time to pay attention to protect the privacy of customers; from the enterprise executives qualifications, the platform of anti-money laundering measures, risk control and other aspects of the management mechanism of P2 P network lending platform access to higher requirements, well dealing with the aftermath of the collapse of the platform, run away after the trust funds; clear the third party platform, to prevent the emergence of false "trusteeship"; formulate specific laws and regulations, to prevent the platform touch the bottom line of the law; in the aspect of supervision, to insist on the principle of prudent supervision, take appropriate supervision mode, to build a multi-level regulatory system.