| With the application of network science and technology,internet finance has become a prominent place,and P2 P online lending has also attracted development opportunities.In 2005,the Zopa platform was launched in the UK as the first P2 P lending platform in the world.In 2007,the PPDAI as the 1st of China's P2 P network platform launched in Shanghai.According to the monitoring data of Zero One Institute,the size of the P2 P lending platform arrived 2229 in 2014,3853 in 2015,4826 in 2016.By the end of the first half year of 2017,P2 P platforms' numbers have increased to 5200.P2 P online lending has been a positive driving force in alleviating the financing difficulties of small and medium-sized enterprises and solving the needs of private capital investment.But from 2014,a series of risk events have occurred in the P2 P lending platform and brought huge impacts to the financial security and social stability.Until the end of June 2017,the Problematic P2 P platforms have reached to3594,including closing business or collapsing.This article tries to analyze platforms' operation mode and the main body's legal relationship from the P2 P network platforms' situation and characteristics.On the basis of analyzing aboved events,the author wants to summarize the legal risks from main bodies in the process of lending.Combining with both Britain and America's successful supervision experience in P2 P platform,the author tries to give propose for improving supervision system.This article can be divided into the following four parts:The first part: overview of P2 P online lending platform and the current supervison situation of P2 P online lending platform.First of all,a brief description of P2 P lending platform is given,focusing on the current numbers of platforms and a brief introduction to the development of P2 P platforms.Secondly,a brief introduction to the basic law of P2 P online lending platform,and then a brief analysis of the state of government supervision,including supervision of the people's government at the provincial level,the management of the ministry of industry and information department,the oversight of the department of public security,the supervision of the administrative department for industry and commerce,the oversight of the state internet information office of the regulation.Part two: the operation mode and legal relation analysis of P2 P network lending platform.In this text,on the one hand,discusses the operation mode of P2 P lending platform,including pure information mediation model,debts transfered mode and guarantee mode;On the other hand,the legal relations of all bodies are also analyzed,including brokerage contract legal relationship with the borrower,the lenders and the platform,common creditor's legal relationship between lenders,loan contract legal relationship between the borrower and the lenders,the agency contract relationship between the platform and third-party online payment mechanism,the agency contract relationship between the P2 P network platform and third-party funds deposit,guarantee contract legal relationship between the lenders and the third party guarantee agencies.The third part: existing legal risks of P2 P network lending platform.In this paper,there are three aspects of risk from the legal bodies,including the legal risks arising from the factors of the borrower,the legal risks arising from the lenders' factors and the legal risks arising from the factors of P2 P online lending platforms.Then the author analyzed the aboved risks.Part four: improving the supervision of P2 P online lending platform.First,to sum up the successful experience of two countries in supervising the P2 P lending platform,including The United States and Britian;Secondly,the principle of China'ssupervision on P2 P lending platform is expounded.Finally,the author puts forward some suggestions to improve the regulation,including building a sound platform of fund depository system,setting up the platform staff from entering,improving the platform of credit and credit evaluation mechanism,strengthening the platform of self-discipline mechanism,optimizing the platform of information disclosure system,improving the classification supervision system for P2 P lending platforms,so as to perfect China's legal supervision system. |
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