Legal Supervision Of P2P Network Lending

P2P network lending is a typical representative of Internet finance,but also an innovative mode of Internet finance,which is of great significance to prospering the private lending market,promoting financial democracy and developing inclusive finance.This point-to-point financial model,based on Internet technology,enables the rational allocation of information resources and provides lending and transaction information and matching services for lenders and borrowers.The rapid and efficient direct financing greatly satisfies the financing needs of individuals and many SMEs,and the P2P net loan industry has developed rapidly.However,while its rapid development,it also exposed many problems.The domestic credit information system is not perfect,the regulatory system is not in place,the relevant legislation is not perfect,and the judiciary follows.Especially in the environment of financial repression,most P2P online loan platforms deviate from the legal position of information intermediaries and provide services such as credit enhancement.A variety of "alienation" and even evolution into alternative financial institutions,resulting in a surge in risk.Since 2015,all kinds of platforms have gone down in cost and run poorly,and negative news such as illegal fund-raising has emerged in an endless stream,affecting the stable operation of social financial order in our country.Although many documents have been issued by regulators since the end of 2015,there are still some problems in regulation.There is still a long way to go in order for P2P lending industry in China to return to normal.By interpreting the regulatory documents issued by various ministries and commissions and combing the judicial precedents of P2P online lending,this paper,combined with the development status,risks and legislative and judicial issues of P2P online lending,put forward effective legal supervision suggestions based on regulatory issues,To promote the healthy and orderly development of China's P2P online lending industry.This article includes the foreword,the main body,the conclusion three parts,the main body is composed of the following five parts:The first part,P2P network lending overview.Including the meaning,legal characteristics,P2P network platform for the operation of the loan model and reflect the legal relationship,the overall regulatory philosophy.The second part is about the legal risks faced by P2P network lending and the challenges it poses to supervision.It is divided into alienation and other risks of P2P lending platform,risks of investors,risks of borrowers and risks caused by third parties.The third part is the status quo of legislative regulation of P2P network lending.Through the document combing,a clear P2P network lending industry legislation position,the implementation of the main regulatory and business rules.Analysis of the status quo legislation and credit related supporting systems,legislative supervision and supporting system of the missing place.The fourth part is the judicial practice of P2P network lending.Divided into four aspects,the court verdict for the P2P network credit disputes tend to protect the interests of lenders,resulting in the interests of both lenders and borrowers to protect the imbalance.Second,under the obvious violation of platform business,judicial decisions still give platform support,which shows that although these judgments implement the legislative guiding ideology,they lack the judicial initiative.Third,through case studies,the verdict almost completely defines the platform as an intermediary,which is irrational.Fourthly,according to the contractual agreement between the platform and the fund demand side,it analyzes whether the platform has actually implemented the lending business.The fifth part is the legislative regulation of P2P network lending.On the basis of the current network credit risks and regulatory deficiencies,several proposals for improving legislative regulation are put forward.Including further clarifying the main body and responsibilities of supervision,improving the regulatory content,improving related supporting systems,and strengthening financial and consumer protection.