Study On The Internal And External Legal Relationship And Regulation Of P2P Network Lending

P2P is a new type of finance mode, which is based on the development of network information communication technology, and the Internet’s further penetration of economic activity and daily life. P2P, which emergence and development all appear in recent years, is a new stuff to Chinese. However, behind the rapid development of the whole industry is a whole pack of chaos and a lack of supervision. There is no wonder that Ezubao case, a huge amount of money and people involved, broke out at one night, then causing widespread concern in the regulatory level and the whole community of the case. Therefore, the first step to clear connotation of P2P network lending meaning of the law starts at the legal relationship involved. At the same time, because of the dual nature of the private lending and finance, the traditional law has put forward some challenges. At the same time, our country’s financial market development is not perfect, a lack of investor education, ordinary investors’lack of rationality, and high interest factors together lead to non-standard operation. Added the lack of regulation and awareness of the risk of P2P, as well as other factors, cause the problem. The problem is the result of a lot of factors together. P2P is defined as the status of Internet banking, and the nature of its crowd-funding. It also defined P2P a financial intermediary with nature of financial disintermediationThe second part is to elaborate the legal relationship between the three main parties in the course of operation, P2P. This chapter first from the internal logic of P2P,analyses the core of the body as a platform to the role of analysis, and borrowing between the specific rights and obligations, and both lenders and borrowers and lenders and the legal relationship between lending and analysis platform as double ranks among the nature, and the lender as a consumer financial protection, and the credit relationship of rights and obligations between the two parties. And it has a clear analysis of the internal structure of P2P.The third part describes the legal relationship in the process of operation, the P2P network lending platform and other external actors have. This part focuses on the analysis of the P2P platform of financial attributes, risk management, and the financial supervision. At the same time, according to the operating characteristics of the P2P, it analyzes the legal relationship between the main and other external entities.The fourth part is based on the Ezubao case, specifically to analyze P2P platform specific problems which violate the obligation, the main legal relationship between the failure and the main responsibility should be borne by the. Internally, Ezubao in violation of the obligations of the financial intermediary, damage the interests of consumers, and also alleged contract fraud. On the outside, it is suspected of illegal fund-raising, false advertising. And then refer to the real case analyses the main reasons for the emergence of many problems in P2P. As a new thing of the lack of unified industry norms and the lack of supervision at the same time, the difference is driven with the interests and understanding of the mode of operation has led to the P2P platform has a lot of problems. Then taking Ezubao as an example to analyze the problems arising in the process of the development and construction of the P2P platform in the process of further development and construction. Then it clears the P2P supervision is essential, but should be taken more relaxed, column names of the prohibited acts, set up certain constraint conditions, pay attention to the coordinated regulation of such a regulatory approach.The fifth part based on the real case, analyses the main reasons for the emergence of many problems in P2P. As a new thing of the lack of unified industry norms and the lack of supervision at the same time, the difference is driven with the interests and understanding of the mode of operation has led to the P2P platform has a lot of problems. Then taking Ezubao as an example to analyze the problems arising in the process of the development and construction of the P2P platform in the process of further development and construction. Then it clears the P2P supervision is essential, but should be taken more relaxed, column names of the prohibited acts, set up certain constraint conditions, pay attention to the coordinated regulation of such a regulatory approach. Then, combined with some foreign regulatory experience, I analyze the P2P regulatory ideas and give suggestions about regulation of P2P network lending.