| P2P network lending has developed for nearly ten years in China, and it has formed a considerable scale in the financial sector in our country, in particular more rapid rise after 2013, at an alarming rate. However, for this type of innovative Internet banking practice, our country has failed to be included in the framework of legal regulation, which bring about the industry in question in the past two or three years, and the development of quite standardized. Given the seriousness of the problems exposed by the P2 P lending industry, the CBRC announced in early 2015 through institutional reforms to establish an inclusive financial section of the industry to assume supervisory duties. P2 P network lending as an innovative form of Internet banking, which on the one hand reveals the concept of inclusive finance, on the other hand there are many problems, it is worth carefully weigh how to apply the regulatory principle.With the Chinese People’s Bank and 10 ministries issued the "Guiding Opinions on Promoting the Healthy Development of Internet banking", we have given clear instructions of regulatory principles- supervision according to law, appropriate supervision, classification regulation, co-regulation, an innovative regulation. Based on the above principles of the guidelines, December 28, 2015, the first implementation of the regulatory for P2 P network lending "Network Information lending agency business Interim Measures(draft)" was promulgated. The "draft" rules from aspects of the record management, business rules and risk management, lender and borrower protection, information disclosure, supervision and management regulations. Although it is comprehensive, there are still controversial content. It is trying to use P2 P network lending new development environment as the background, carefully reading legal regulation policies and regulations involving P2 P network lending, paying close attention to the latest developments of P2 P network lending industry, and study a large number of academic literature to put forward several improving suggestions of P2 P network lending legal regulation in our country as possible.The paper consists of four parts:The first part will introduce our P2 P network lending from three aspects of the P2 P network concept and characteristics, operation mode, development status and significance, in order to clear the research object of this article and research significance.The second part mainly introduces the current situation of legal regulation of P2 P network lending in our country, and points out it’s five deficiencies, to make recommendations for the following to find the perfect starting point and the corresponding points.The third part will select the Britain and America as a typical representative to introduce its domestic measures against P2 P network lending legal regulation, and to take the focus on legal regulation, in order to summarize the measures which is the beneficial reference for our reference.The fourth part is the focus of this paper. It will build on the preceding analysis and discussion, combining with China’s specific national conditions, to make perfect suggestions on P2 P network lending legal regulation. |
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