The Legal Issues Research On The P2P Lending Supervision In Our Country

P2P lending is booming in our country, its management pattern is also showing diversity trend, under the current market,there are mainly flat table model, model of guarantee, bonds transfer basic pattern and so on. Mainly engaged in these mode situation, our theorists and practitioners are not yet able to make a P2 P network lending platform entirely clear definition of the legal nature. Because of the positioning of the legal uncertainties lead to loopholes in the industry regulatory regime, there is a regulatory gray area, and based on the characteristics of P2 P industry development, triggering capital risk, credit risk, loss of privacy and a series of legal risks. Supervising subject of P2 P industry and supervision method are not clear, the scope of supervision responsibility blurred, misappropriating foot platform, the financial interests of consumers is damaged, stepped criminal red disrupt the financial market order and other negative phenomena occur frequently, thus speeding P2 P networks lending industry a unified supervision system construction delay.In this paper, in addition to the introduction, the body is composed of four parts.The first part, P2 P lending network overview. First to make a classification of P2 P business model, which has set forth the characteristics of the industry, then to define the legal nature of lending to the network platform, because the legal nature affects the establishment of the supervising subject and the supervising subject is an important factors in the building of supervision system, proposed our P2 P network lending platform intermediary financial institutions and quasi-dual attributes.The second part, the legal risks facing the P2 P network lending. Respectively analysis from four aspects, investor funds were swept away with the risk of misappropriation, fraud and default risk borrower, the borrower and the investor’s risk of loss of privacy, the risk of illegal fund-raising criminal responsibility, for a basis on the regulatory advice later.The third part,the current situation of supervision on P2 P lending. Through our industry-related institutions of the industry supervision development process, respectively expound from the lack of supervision laws and regulations of P2 P industry and supervising subject is not clear. Through the existing risk and industry supervision of P2 P problem analysis, highlighting the need to strengthen supervision, In order to further explore the industry supervision framework building a foreshadowing.The fourth part, P2 P network lending regulatory framework to build. According to current situation of the industry in our country, putting forward my views on the supervision principle, supervision subject and supervision measures. Detail is the perfection of the establishment of supervision subject and supervision measures. Supervision subjects, proposes to construct the CBRC as the main supervisory institution, People’s Bank of China and other relevant departments as the coordinate supervisory institution, Local supervision of financial institutions based, supplemented by a central supervision of financial institutions, trade associations self-regulation of the basic regulatory approach. Supervision measures, discusses respectively from setting industry admittance threshold, strengthening the protection of the rights and interests of consumers, the third party fund depository institution, improve the credit system construction. Strengthen supervision on the basis of keeping the Internet on the nature of financial innovation, exploring suitable for China to build a P2 P network lending industry supervision framework.