The Legal Supervision Of P2P Network Lending Platform

P2P network lending platform integrated the main features of Internet technology and private lending and has get a wide range of applications today. But nowadays, the regulatory system for P2 P network lending platform is still lacking in our country, and relevant provisions of the law is still in the vacuum state. Therefore, it is urgent to establish reasonable regulations for the effective management of network lending platform.This paper is divided into five parts:The first part, the purpose and the significance of this paper is proposed. As a kind of derivatives of folk loan, P2 P network lending has met the management of individual consumption and capital requirements in the certain extent, but also for the dispersion of private capital to provide a platform for investment. This network has formed the scale, loan market, cross regional mechanisms, lays a foundation for the development of the following. Through the introduction of the research status of supervision system of the P2 P network lending platform at home and abroad, which points out that the construction of the supervision system of our country is not perfect, there is still a big gap compared with foreign countries, which need to strengthen the research of the regulatory system;The second part, related concepts of P2 P network lending platform are introduced in detail, the concept of P2 P network lending and P2 P network lending platform are defined. In the P2 P network lending, which build connections for the parties to the transaction, mainly with the help of Internet media in financial service, such a platform is what we call the P2 P network lending platform while maintaining micro lending unchanged, through the integration of the Internet platform, which is called P2 P network lending. The mode of pure intermediary mode, mode of assignment of the creditor’s right, guarantee mode, small loan mode were described. P2 P network lending as a complete mediation, both parties will carry out all of the transactions on the platform, which is pure intermediary mode; No direct signed a contract to carry out transactions, but in the transaction process, the borrower in a third party were financial credit borrowers and lenders, and third parties formed debt relation, the third party and transfer of bonds to the actual lenders, which is debt transfer mode;Within the scope permitted by law, the higher degree of credit guarantee institutions introduced into P2 P network lending platform, mainly for lenders are a risk prevention of the role, which is guarantee mode;There are clear limits on the amount of funds and repayment period, and the introduction of security measures, which is the small loan mode. Finally, the development of our P2 P network lending platform was combing;The third part, the legal regulation of foreign P2 P network lending platform is compared and used for reference. Through the comparison with the supervision system of British, American, and Japanese P2 P network lending platform, which points out the inadequacies of our P2 P network lending platform regulation, and the foreign policy research has high reference for the development of our P2 P network lending service on the foreign policy to our P2 P network lending services in the regulatory body, the main body is not clear, the lack of relevant legal system, no a perfect system of proper management, more is to rely on industry self-regulation and lack of necessary security;The fourth part, the present situation and existing problems of the supervision system of the P2 P network lending platform in our country are expounded. It is pointed out that the development of China’s P2 P industry is rapid. But the development of relevant legal and regulatory system is cooperation. At the same time, there the problem of regulatory body is unknown, the market access threshold is too low, lack of third party account supervision, the market exit supervision mechanism is not perfect. By e rent treasure case, which is a detailed analysis of China’s current P2 P industry regulatory system defects. With the adjustment to the state ’s new policy, the corresponding view of next industry development and legislative construction is proposed;The fifth part, the improvement of the legal supervision system of China’s P2 P network lending platform is put forward. Emphasize to perfect the supervision legislation. In the regulatory body, emphasis on improving the regulatory agencies, and the establishment of consumer protection association; In terms of supervision measures, emphasizing the establishment of a sound risk control net loan platform, access and exit mechanism, the establishment of the third party depository system, and strengthen the platform of information disclosure obligations; In the security system, emphasizing on improving the construction of credit system, and strengthen industry self-discipline supervision system. From the improvement of regulatory bodies, regulatory measures, security mechanisms and other aspects to improve China’s P2 P industry regulatory system, through the perfect system to guide the healthy development of the P2 P industry.