Legal Risks Of Financial Loan Contracts And Their Solutions From The Perspective Of Big Data

Under the background of the task of "resolving major risks" and the vigorous development of big data put forward by the state,the author,starting from the financial loan contract,applies big data tools to identify and respond to its legal risks,and finds four major risks:contract validity risk,abuse risk of passive early repayment of loan terms,risk of inaccuracy of Lender audit,and risk of legal environment.The author sums up and puts forward "clear criteria for judicature,strict and prudent judgment of invalidity of contracts","adjustment of enterprise behavior and terms,diversified financing","improvement of the self-discipline mechanism of the lender review industry","tracking and forecasting the information of legal environment",to promote the resolution of legal risks and promote harmonious development.Specifically complete the following tasks:In the preface,the author elaborates the time requirement of national risk mitigation and the fact that the integration of big data into legal research is in the ascendant,and then finds that there are few studies on the legal risk prevention of "financial loan contract".Finally,the author elaborates the big data and comprehensive research methods.The first part is to solve the "what" problem.The author explains the concepts and characteristics of financial loan contract and legal risk,and analyses the legal relationship involved.Finally,the author elaborates the advantages of using big data analysis to analyze legal risk.The second part raises and analyses the problems.By searching the case of "non-litigation net" from "financial loan contract",the author explores and s four legal risks.Firstly,in the risk of contract effectiveness,there are uncertain risks in judicial application when financial loan contract involves crime,and unstable risks in the application of independency clause of guarantee sub-contract effectiveness;secondly,the risk of unstable legal relationship and transmission of legal risk caused by passive early return clause;thirdly,the risk of inaccurate auditing of lenders,mainly the risk of regulating borrowers'lack of corresponding threshold;fourthly,the risk of the difference of financing policy,interest rate and enterprise ownership in the legal environment.The third part is to solve the problem of "how to do".In view of the above four risk points,the author puts forward countermeasures.In view of the risk of contract validity,this paper puts forward clear judicial standards,and suggests that "independent judgment of civil and criminal law" should be adopted to ensure the validity of the independent clause of contract validity and the invalidity of the independent clause of real right guarantee contract validity.In view of the risk of passive early repayment of loans,this paper proposes to adjust the contract behavior and terms,and diversify financing to avoid risk.In view of the risk of inaccuracy in loan auditing,this paper puts forward that the mechanism of qualified borrowers should be operated under the guidance of non-performing indicators in order to improve the loan auditing system.In view of the legal environment risk,this paper puts forward the importance of paying attention to the policy,and tracking the relevant information of the risk points in time to clarify the uncertain future trend of judicial application.A coping strategy mainly aims at one kind of risk,but also includes some coping strategies for other risks.