Typological Study On The Pattern Of China P2P Network Lending Platform

In recent years,the network lending industry in China's development has been more active.The sustainable development and growing of net loan platform also brought the entire network loan industry market prosperity and flourishment.However,due to the network lending platform is a new mode of borrowing,China's regulations and laws in this aspect are not perfect.The unclear nature of the platform model resulted in chaos in the industry.Although China has introduced a similar "Network Lending Information Intermediary Business Management Interim Measures" and other regulatory documents to regulate the industry,the document for the industry business model is still not fully defined and clear,unable to guide the development of the entire industry well.Therefore,this paper will analyze the model of P2P network borrowing platform by combining the current financial supervision environment and relevant legislation,and qualitatively differentiate the different models to better understand the various modes of platform development in China.Also through the improvement of China's network loan platform,so as to actively guide the development of network loan industry.This article is divided into four chapters.The first chapter is the introduction part.By introducing domestic and foreign network loan platform research status,I found that the platform models and the nature of the study at home and abroad are very few,especially in our country,the lack of various models of classification research is so obvious that we conclude the necessity of discussions in the field.This also lays the overall tone of the article and clear the scope of the study below.The second chapter is a brief interpretation overview of the contents of our network loan platform.In short,P2P network lending platform is the network media which promotes the two sides to complete transactions.Through the analysis of the status quo of its legislation,we can see that China is not specifically for the field of laws and regulations.At present,it is usually governed by regulatory ministries and regulatory documents.These documents show that regulators tend to characterize the platform as an intermediary,recognizing only the pure medium mode of operation and ignoring the qualitative nature of the other models.One-sided understanding is not conducive to the long-term development of the network loan industry,so once again reiterated the different models of the platform were qualitative necessity.The third chapter is the analysis of classification and nature of China's net loan platform model.This section is the most important part of the article,which analyzes the typologization to the network loan platform,and focuses on the analysis of platform model's nature.First of all,introduce "pure line,online and offline combination,debt transfer,security" and other domestic emerging models,and analyze their advantages and disadvantages.Secondly,in order to facilitate the study from the legal point of view,analyze the "pure intermediary,security,debt transfer" model according to the platform in the role of lending transactions and highly generalization of the existing model.Finally,the platform for the intermediary model is characterized by the nature of the intermediary and the agency nature of the lender;the platform model of the transfer of the creditor's rights is defined as the nature of the asset securitization;given the dual function of the credit platform and the dual function of the credit intermediary.Platform and financial institutions' function are not the same.It is recommended to be classified as financial services.In the fourth chapter,based on the analysis of the platform model,the author puts forward some suggestions on the improvement of the domestic P2P network loan industry.In the legislation of the platform,we should abandon the platform model of the one-sided understanding of the platform,accept and make qualitative analysis of the three models so as to form a comprehensive understanding of it.In the legal regulation of the intermediary model,do not use the fuzzy "intermediary" languages,try to be specific to the nature of the intermediary and the nature of the agency.While setting the platform obligations,try to give detailed and specific provisions.To regulate the mode of transfer of claims,we should pay attention to the relevant content of the securities law,explicit platform for this mode of operation to obtain permission of the relevant departments to carry out business.In order to regulate the mode of lending behavior,China should speed up the introduction "The Lender Regulations".What's more,the model should learn from the securities investment in the field of investor qualification requirements.That is to say whether investors meet the appropriate qualifications,the platform can be set according to the specific circumstances of the qualification standards.As for the security model platform,out of protection of the lender,we should moderately expand interpretations of relevant provisions of the"Guarantee Law",for example,we can consider the platform for the promotion of promotional activities as a guarantee of the situation.