On Peer To Peer Lending Regulation

Peer-to-Peer Lending is a combination of folk lending and network services,with the development of Internet technology and borrowing mode innovation,rapid development in recent years in our country.Such a platform by providing loan demand information,interactive services and borrowing ancillary services,make originally limited to the region and acquaintances between folk lending breakthrough the limitation of geographic and interpersonal relationships,can let strangers in different parts can use direct lending through P2 P network platform to trade credit.On one hand,the emergence of the platform to make more people to be more involved in the folk finance,broaden the folk capital investment channels to revitalize the folk finance and the construction of multi-level financial system of our country.But on the other hand,due to the current supervision system of the building is hard to catch up with the rapid development of P2 P lending platform,lending participants to network,platform,or even private finance has brought a lot of risk,such as illegal fund-raising,fraud or usury and legal risk.Recently,the China Banking Regulatory Commission jointly with the Ministry of Industry and Information Technology,the Ministry of Public Security,State Internet Information office and other departments to study and draft the lending to the network information intermediary business management provisional regulations,respectively from the platform,record management,the definition of business rules and risk management,lenders and borrowers protection,information disclosure,and regulatory and legal liability the seven aspects to monitor platform guide.This is China's first comprehensive system in the field of network platform loan legal documents,the specification development of net credit platform plays an important role.But the interim measures also exist some deficiencies,such as the regulatory setting is not clear,the duty of supervision subject between cooperate to be not clear,the way and regulation of local financial institutions flawed,net credit obligations that inadequate,and so on.By contrasting the United States,Britain and China's regulatory approach,combined with the case and the actual situation in our country,put forward opinions and Suggestions accordingly,has important significance to perfect our country's regulation mode.In this paper,by introducing the P2 P lending platform in the development of our country and the related concept,with the latest "net credit management method" articles chapters,the operation mode of the platform at home and abroad are introduced in detail,and carries on the legal analysis,and then through specific data and classifies the risk of them and analyze the relevant theory,and then by comparing the regulatory status of our country and the United States and Britain to draw enlightenment,finally combining with the experience of these countries and combining with the actual situation of our country suggest perfecting supervision way accordingly.