Research On P2P Lending Legal Regulation System In China

P2P network borrowing as Internet financial products,fully embodies the.highly advanced Internet properties and highly professional financial attributes,on the one hand rely on Internet technology to get rid of traditional folk lending by interpersonal constraints spatial pattern,on the one hand rely on financial means for small funds in Level and scope of the new optimal configuration.P2P network borrowing not only has the characteristics of simple procedure,wide coverage,high information symmetry,high efficiency and low cost,and the platform can effectively fill the demand of microfinance and develop a new way of financing,which greatly compensates the traditional financial field Aspects of the lack of results significanty.But the prosperity and development of the platform industry is also a double-edged sword,P2P network lending has been able to occupy a place in the bank market,because pure credit lending model as the main business,but this model makes the platform users face a huge risk;Especially in the current,P2P network lending in China is still emerging industries,industry laws and regulations incomplete,lack of government regulatory system,credit system is not perfect and the industry self-discipline and lack of responsibility and other factors,making the development of the platform industry disputes,in order to implement Effective supervision and protection of legitimate rights and interests,the state issued a "network lending information intermediary business activities,Interim Measures",since the P2P network borrowing to achieve a law to follow.But because of the lag and legality of the law,resulting in many aspects of the regulation of the development of the industry caused a certain obstacle,still need to improve.This paper is divided into five parts:The first part is an overview of the development and risk of P2P network lending in China.First,the development of network lending is briefly explained,and then the risks such as lack of access threshold,lack of fees and interest rate rules,lack of information disclosure system of third party guarantee institutions and imperfect credit system are analyzed.The reason for the risk is the lack of regulatory system.The second part is an overview of P2P network lending.First introduced the meaning of P2P network lending,and then outline the legal relationship of the relevant subject.And analyzes the operation mechanism of P2P network borrowing,analyzes the essence of P2P loan platform,the legal relation,operation mechanism and industry development significance from the legal level.The third part summarizes the development and defects of the supervision system of P2P network loan.This paper briefly describes the current P2P network loan supervision system,and then analyzes the shortcomings of China's regulatory system from the aspects of admission mechanism,charging and interest rate standard,credit information system and information disclosure system.The fourth part is the introduction of foreign P2P network loan supervision system.This paper introduces the regulatory system of the United States,Britain and France in detail,and then summarizes the characteristics of foreign regulatory system and the reference to perfect supervision in our country.The fifth part is the suggestion of perfecting the supervision system of P2P network loan in our country.Based on the existing domestic regulatory laws and regulations,this paper puts forward some suggestions on how to set up the access mechanism,establish the standard of charging and interest rate,perfect the information disclosure system and improve the credit system respectively...