Study Of The Legal Problem Of P2P Net Loan Platform Fallback

In the field of private rights, the absence of legal prohibition means freedom. In recent years, the Internet finance was based exactly on this idea so that it can develop explosively in China. When Traditional Finance and Internet develop to certain stages, Internet Finance was produced, as an innovative integration of the two. It is a new form of economy that represents advanced production services. Internet Finance has emerged into many forms, like third party payment, P2P net loan, supply chain finance, crowd funding, financial internet marketing and digital currency. Among them, P2P net loan platform has raised rapidly, becomes the most dazzling in Internet Finance.In fact, the internet loan industry is a two-edged sword. On one hand, P2P loan grow fast and strong, leading more money into the trade capital. On the other hand, more and more platform have closed down, many of them have problems including suspected of fraud, financing for their own and withdrawal difficulties. Breaking the traditional method of supervision, P2P will produce new risks from converging services. When the risk of the internet was also transplanted to this field, these risks may be magnified., In present, the regulatory policy of Internet Finance is about to come out, and a lot of controversy among industry were raised because some net loan platform fallback to overdue project instead of legal procedure. This article describes the problem of fallback to net loan platform and innovatively propose the operating mode and regulation thinking of limited fallback.There are five parts in this article:In the first part, the author introduces the concept, origin and the recent development of P2P net loan. And indicates that the innovative introduction of net loan fallback is one of the main reasons for the explosive development performance of net loan industry.; In the second part, the author analyses the positive and negative elements of P2P internet loan development in China, and based on the principles of civil law fair proportion principle, the security law judicial interpretation, the definition Based on generally benefit small and micro enterprises finance, P2P net loan partially solved the difficulties of financing for small and micro businesses, expanded the ways of financing for folk idle funds, boosted the reform process of China’s financial system., In the meantime, P2P regulatory policy lag behind the development of this industry. Illegal activities like illegal fund-raising, misappropriation, illegal business operation happens more than ever, bringing extreme amount of confusion to investors. At last, seizing prime minister Inspection and policy issuing as an opportunity, the net loan industry rectified its reputation and developed further. In the third part, the author describes the status of controversy about net loan platform fallback problems. Indicates that fallback is in need for investor structures, credit function of platform and brutal marketing competition. And no fallback is in need for investing nature, legal supervision and long-term healthy development of this industry. The fourth part on the basis of summary of judicial case proportion pay, draw lessons from the direction of capital rule, the principle of private equity fund early warning reconciliation, and connotation of innovation proposed the scale out, points out that the proportion of out new feasible options should be net lending industry In part five, the author advices all net loan platform operator to overcome difficulties, actively put Limited fallback into practice and create conditions for Limited fallback to get into legislative process.