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Research On The Legal Protection Of P2P Network Lending Financial Consumers

Posted on:2018-10-05Degree:MasterType:Thesis
Country:ChinaCandidate:T Y WuFull Text:PDF
GTID:2346330533460878Subject:Law
Abstract/Summary:PDF Full Text Request
With the deep integration of Internet and finance,P2 P network lending is becoming more and more popular.As a new model of financial innovation,on the one hand,it expands and deepens the traditional financial theory,and also greatly alters the social public financial consumption experience.However,due to the lag of the legal system,the frequent platform-run events severely violated the legitimate rights and interests of financial consumers,eroding the development of the P2 P network lending industry.Because of our current legal provisions and inadequate institutional settings,coupled with the P2 P network credit links,the proof of difficult problems cannot effectively protect the P2 P network lending financial consumers' rights and interests.The particularity of P2 P network lending industry leads to the more complicated risk.The definition of the financial consumers of P2 P network is not clear,so the realization of their rights is influenced by the theoretical research.In practice,the Western countries have started the legislation of P2 P network lending,through the establishment of information disclosure rules,setting the threshold of access measures to protect the financial consumer.The relevant special legislation of our country lags behind obviously,the provisions of financial consumer protection are not only scattered,but also have too much principle,so the study of P2 P network lending Financial consumer legal protection is imperative in theory and practice.In this paper,from the perspective of protecting the rights and interests of the P2 P network lending financial consumers,the author researches on the definition of the P2 P network lending consumers and combine the current key issues.This paper proposes the path to the legal protection of the P2 P network lending financial consumers,and puts forward some suggestions on the regulation of P2 P network lending industry from the level of legislation and supervision.Moreover,it puts forward some protection measures such as market admittance,information disclosure,financial security and legal remedy on the protection of financial consumers' rights.It has some theoretical and practical significance to effectively promote the healthy development of P2 P network lending industry.Specifically,the text of this article is divided into five parts,the first part introduces P2 P network lending and financial consumer' rights related basic theories.Firstly,the legal relationship of P2 P network lending platform is clarified.From the viewpoint of theory and legislation,the concept of consumer and financial consumer is analyzed,and the concept of P2 P network lending financial consumer in Internet context is introduced.Moreover,the meaning,realization and function of consumer legal protection of P2 P network lending finance are expounded in the view of general investigation.The second part introduces the theoretical foundation of legal protection from different angles of economics,sociology and jurisprudence.The third part uses the United States and Britain's P2 P network lending financial Consumer Protection as the reference;it makes the horizontal contrast from the legislative evolution,legal system,concrete measures and other angles,and obtains inspiration in the comparative mature legislation and supervision experience.The fourth part is to introduce the current situation of the legal protection of financial consumers in P2 P network lending,pointing out the problems such as the deficiency of supervising mode,imperfect industry admittance,imperfect information disclosure and insufficient financial education.The fifth part combines with the reality,proposing the consummation legislation and the supervision suggestion.Through perfecting legislation,perfecting supervision,strengthening the system construction of market admittance,information disclosure,financial security,legal remedy,it can effectively protect the rights and interests of financial consumers and promote the healthy development of P2 P network lending industry.
Keywords/Search Tags:P2P Network Lending, Finance Consumer, Consumer's Right, Legal Protection
PDF Full Text Request
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