A Research On The Legal Supervision Of P2P Lending In China

P2P lending belongs to private lending of the Internet,and it is considered to be the sunshine, the transparency of individual borrowing practices. Using the Internet information technology is the biggest advantage of P2P lending, which is not affected by time and space limit.And P2P lending makes capital suppliers and demanders in direct platform, investing and financing activities.Thus it widens the target group and domain of financial services, provides quality and convenient pratt & financial services for most of the people, further realizes the low cost, high efficiency and popularization of small investment and financing activities.In addition, the net lending institutions and the traditional financial institutions complement each other, promote each other.Net lending plays an indispensable role in the financial system.It may can set up a sound financial system, while it relieves the small micro enterprise financing difficulties, makes up for the small micro enterprise financing gap and meets the demand of the folk capital investment.However, due to this emerging things has been a lack of specific regulatory measures, P2P Lending appears all kinds of disadvantages with the development of it.In recent years, platform collapse, run, and illegal fund-raising events often happen.The article introduces two typical P2P lending models in our country at present, and analyzes their respective legal problems, tries to discuss the perfect legal supervision system of our country’s P2P lending.In the first part of the article, it has briefly introduced the present situation, characteristics and main operation mode of the P2P Lending.Then,get a briefly introduction of the modes depend on PaiPaidai and CreditEase. P2P lending alleviates the financing dilemma in our country, and promotes the development of pratt & financial.In the second part of the article,by introducing PaiPaidai and CreditEase, the article analyzes the risks of them.First, PaiPaidai model due to its online review mechanism, may make the borrowers prone to credit risk, but also make it difficult to prevent lenders on the platform for money laundering.The CreditEase creates a creditor’s rights transfer mode,but the model may encounter policy risk.In the third part of the article,at first, for the same problems, the article thinks we shall establish a sound legal system of regulation and improve the P2P platform of various regulatory measures.Secondly, aiming at the existing respective problem of two modes, we shall put forward the corresponding regulation measure.According to the main existing problems of PaiPaidai, we should improve the credit reporting system, improve the anti-money laundering mechanism, etc.For the problems existing of CreditEase, the article puts forward many targeted regulatory opinions.Because offline audit cost is high, the paper thinks should strengthen the cooperation with other institutions,establish information sharing mechanism.In addition,we should put forward the corresponding risk supervision legal system of creditor’s rights transfer model.When we encourage finance to innovate at the same time, we also want to guard against the risk of its reserves.And the perfecting information disclosure system strengthens the transparency of platform, and increases the confidence of investors in the platform, and regulators can prevent the happening of the wide range of systemic risk for the platform in real time supervision. At last I hope that this article can play a role in perfecting the legal supervision system of P2P lending.