The Research Of Legal Issues Of P2P Lending

Peer-to-peer lending(P2P)a main mode of Internet finance and is like the crowdfunding,third-party payment,big data finance,information financial institution,financial portal and digital currency,which are contributed to the development of Internet financial industry.P2P is a special mode of private lending,which has changed the way that offline lending to online lending via Internet.The advantages of P2P are low cost,high efficiency,wide coverage and rapid development.Also,as a supplement to the traditional financial institutions,P2P takes full use of private idle funds.Whereas P2P has the disadvantages of weak supervision and greater risk.In the network main lending,between the borrower and the lender existing loan contract relation,between the lender and the network lending platform exists the assignment of creditor's right relation,network lending platform with both lenders and borrowers are intermediary contract relationship,therefore the security relations are more complex legal relationship.In the presence of breach of contracts,the rights and obligations of all parties need to be regulated by legal systems,and to ensure the defaulting party's liability for breach of contract and the compensation for the damage to the aggrieved party.At the same time,we need to improve the regulatory system for the individual network lending platform.This thesis analyzes the basic concept,the legal relationship,default risk and the improvement of related systems of P2P to optimize the related legal systems and solve the practical problems.P2P as a new mode of Internet banking is different to the traditional offline private lending activities.Whether it is a pure intermediary mode or a complex one,in the perspective of civil and commercial law,the legal risks of network lending appears viathe form of default contracts.The legal relations of the main body of the individual network lending platform has been analyzed and the main risks of all parties have been listed via reading the Chinese current civil and commercial laws and regulations,as well as the relevant judicial interpretation.In order to improve the legal systems and supervision mechanism of P2P in China,the legal risks have been analyzed from the dynamic and static aspects...