Research On Legal Regulation Of P2P Loans In China

P2P network lending is a kind of microfinance financial services developed with the help of internet technology,which first originated in the UK.The establishment of "pat loan" in Shanghai in 2007 marked the birth of China's first P2 P network lending company.With the emergence of Yu Bao,it has awakened the public's sense of investment and financial management,and P2 P network lending has developed rapidly,and it has contributed to SMEs solve the difficulties of financing.With the participation of lenders and lenders in the online lending market transactions,P2 P lending also needs to be aware of the fact that it is accompanied by this high elimination rate in the process of rapid development,and with the further improvement of compliance.In the post-supervision era,the P2 P industry will get a healthier development and bid farewell to the era of savage development.The article is mainly divided into four parts.The first part of the article is an introduction.It mainly describes the research background and significance of P2 P network lending.Through the analysis of domestic research status,it finds out the necessity of further research on network lending,and uses the three analytical methods of the legal profession to conduct in-depth research.The second part analyzes the basic theory of P2 P network lending,then defines the meaning,characteristics and legal relationship of P2 P network lending,and further analyzes the difference between P2 P network lending and microfinance lending companies,traditional banking and financing guarantee companies.From the perspectives of business operation model and establishment background,P2 P network lending companies are classified to discuss the advantages and disadvantages of different types of network lending companies.Analyze the legal relationship in P2 P network lending,sort out the existence of inter-party legal relationship,guarantee legal relationship,creditor's rights transfer and legal relationship in P2 P network lending,and further clarify the legal risks that are easily caused under different legal relationships.It helps to classify and discuss the issues of legal regulation in different legal relationship categories.It also helps clarify the role of the P2 P online loan platform itself and assumes the role of intermediary information lending.The third part discusses the problems and difficulties faced by our country's P2 P network lending,combined with the “Interim Measures for the Management of Business Activities of Internet Lending Information Intermediaries” promulgated by the China Banking Regulatory Commission in 2016,through targeted analysis of several different types of Internet lending platforms.It is found that there are still problems in the rules of online loan transactions,the potential legal risks of the lenders,and the imperfections of the regulatory system.The author will further clarify the marginal areas that are not provided for in the Interim Measures,and take targeted legal measures.Indicates the direction.In the fourth part,aiming at the current problems in China's online loan industry,we propose targeted improvement measures in accordance with the current legal level of the policy,focusing on standardizing the barriers to entry,clarifying the mode of fund supervision and establishing a sound credit system.Proposed rationalization of legal regulation,expecting that in the post-regulation era of P2 P network lending,by adopting a series of complete legal regulation measures,it can lead China's P2 P network lending to a more formal,regulatory,and legal path.