Research On Legal Issues Of P2P Network Lending

Peer-to-peer lending to the Internet as the carrier,the use of new lending patterns to operate,it exists on the traditional lending model effectively compensate for the shortcomings,not only for Small and micro businesses and individual industrial and commercial households to the development of a huge boost,while,its lending process,cost effectively simplified,has become an important a part of the Internet financial.Since the beginning of August 2016,China promulgated a series of regulatory measures"business management information network lending agency Interim Measures" and other legal issues,combined with the "Interim Measures" by the way of cross disciplines from the perspective of law involved in net loan the financial analysis of the issue,combined with the development experience of foreign net loan the industry,regulatory proposals put forward effective industry,have a beneficial effect for the domestic Internet financial health development,has certain innovation.The article is divided into four parts,the first part is the outline of the lending network,introduces the background and significance of network lending,characteristics,mode and related legal relationship;the second part is the analysis of financial security,privacy and other legal risks in the operation of the platform,due to the net loan platform's liability for breach of contract and tort liability of discussion on difficulties involved in litigation are analyzed;the third part is the comparative analysis on China and foreign related regulatory practices,finds the problems in the market access,information disclosure of our country,the legal regulation;the fourth part puts forward three suggestions of regulatory principles,platform responsibility,rights protection from legal regulation system and from the sound level of the platform operation mechanism of risk control system,credit system,industry self-regulation to improve the rationalization proposals.