The Research On The Legal Problems About Peer-to-Peer Lending

The Peer-to-Peer (P2P) lending is the innovative financial industry for P2P network technology being used in the financial system. In fact, P2P lending is Loan based on Internet. However, as a financial innovation, it encounters some barriers in law and is not adapt to the traditional financial regulatory system. The traditional rule, in the meanwhile, is also incompatible with it, which causes a series of issues of the legal and regulatory. Therefore, we not only need to use the existing legal system to deal P2P lending legal issues, but also need to evaluate the regulation failure on P2P lending in a new perspective. Due to the fact that the P2P lending not only belongs to bank lending market but also belongs to security market, we should adopt the multi-regulator, combining the function regulation with institution regulation, and combining the principle regulation with rule regulation all together. Furthermore, the regulation system should be reformed and reshaped. When dealing with the failure of the existing legal regime, it is crucial not only to identify the legal position, the legal behavior, the legal liability of P2P lending platform, but also to protect the interests of financial consumers, to avoid the potential risk from possible illegal behaviors which could offend the criminal law, by making regulation rules and self-discipline regulations.