The Legal Regulation Of P2P Network Lending

Worldwide first P2P network lending platform Zope was founded in England in 2005.Later in the European and American countries,and then fan the rapid development of countries in the world.China's first real P2P network lending platform is Paipaidai which was founded in 2007.Between 2007 and 2017,this type of platform in domestic was growing rapidly.It fills the credit business sector in traditional financial institutions to ignore small micro enterprises,individual industrial and commercial operators and working-class loan demand of the market,and make up the market blank,for folk idle capital finance and investment provides a new path.P2P network as the emerging of Internet finance loan product,its operation mechanism and supervision mechanism still has many deficiencies,resulting in the P2P network lending often walk legal and regulatory system of the blind area of grey areas.This article includes P2P network lending concept,legal subject and legal relationship,legal risks,and the contradiction between P2P innovation and legal regulation,the suggest of P2P network lending in our country combined with international experience.We hope that the development of P2P network lending is more healthy,ande play its positive role in the public service.This article is divided into six parts.The first part,says the overall of P2Pnetwork lending which introduced the concept,domestic and foreign development present situation,pattern classification and characteristics.The second part involves the legal entities of P2P network lending and legal relationship including investors and borrowers,net credit platform,the third-party payment platform.Legal relations involve borrowing contract,intermediary,guarantee and creditor's rights transfer legal relationship.The third part describes the legal risks,which include system risk,lenders,platform risk;The fourth part elaborates the contradiction of between P2P innovation and legal regulation,;on the one hand,the P2P network lending has the characteristics of strong innovative and rapidly changing,and a challenge to law is certain;P2P network lending as an important part in the financial sector,which is necessity and enthusiasm for the legal regulation.The fifth part,summarizes the P2P network lending regulation international experience.Developed countries in the development of the P2P network lending and regulatory far walk in front of us,has the very strong learning and reference,their experience tells us not only to strengthen the legislative,regulatory,but also should attach great importance to the protection of consumer rights and interests,behavior regulation and risk control.The sixth part expounds the Suggestions of legal regulation in P2P network lending.First,clear the value orientation of P2P law regulation and legal requirements under the premise of the guidance of the stick to encourage financial innovation,follow the tolerance principle in the criminal law,at the same time,efforts to promote judicial specialization in the field of network credit;Second,by establishing the legal status of network lending platform,clearing the regulators and the standard of the access mechanism,establishing fund escrow mechanism,and self-discipline organization,improving the credit system,the above concrete measures to improve the legal regulating of the P2P network lending...