Research On Civil Law Regulation Of P2P Lending Platform

P2P lending platforms have been developing rapidly in China for a while due to their wide coverage and efficient lending transaction.However,behind the crazy expansion of this industry,a variety of platform collapse events and platform executives ran away with funds "thunder" phenomenon occurred one after another.How to properly resolve the development contradictions of P2 P lending platforms has become an urgent problem in the industry and the focus of scholars.Based on the perspective of the civil law research on P2 P network credit platform to help clear the P2 P network credit equal,free and fair trade under the background of subjects to the P2 P network credit platform of the specific content of the civil law regulation direction and regulation,in order to promote the benign development of the P2 P network credit platform,which combined with self-discipline,has yet to and from administrative supervision and regulation of the criminal law standard,with the development of P2 P network industry loan order stable gradually,the civil law of will be increasingly important role in the regulation.This paper mainly elaborates from the following aspects:The first part is an overview of P2 P lending platform.The so-called P2 P lending platform is a website built by P2 P lending companies based on Internet technology to provide services for both lenders and borrowers.It has the characteristics of reducing transaction costs,convenient and efficient borrowing,small investment amount limit,high returns and breaking geographical restrictions.Pure information intermediary,third-party guarantee and self-guarantee are the main operation modes of P2 P lending platforms in China.The second part is the legislative provisions and academic views on the attributes of P2 P lending platforms.At the legislative level,P2 P lending platform is identified as "information intermediary",which has the unprofessional and unitary pattern of legislative language.Academic level of the P2 P network platform loan the cognizance of the legal nature of civil broker said,lenders agents and composite legal status three point of view,among them,compound said more reasonable legal status,namely: the P2 P network credit platform has both commercial broker status and should be considered at the same time the role of lenders agent,so need to take the transaction process China open credit platform including but not limited to,information verification,disclosure and protection obligationsand try our best to protect lenders funds security obligations.The third part of the P2 P network credit platform is a business broker and need the legal nature of lenders agent platform to fulfill its obligations,agent broker truthfully inform diligence and caution,personal information protection obligations such as core obligation,borrow a P2 P network platform in practice often operating in violation of the fulfillment of the obligations,there are delayed in information disclosure obligations,malicious and settlement,risk security ownership is unclear and user information leakage problems,which influence the development of P2 P network credit industry.In the fourth part,in order to standardize the performance of obligations of P2 P lending platforms,the author puts forward that it is necessary to unify the information disclosure content in the system and attach importance to the standard of platform disclosure obligations by civil laws and regulations.By raising the access threshold and standardizing the exit mechanism to avoid malicious liquidation of the platform;To clarify the essence of the risk guarantee fund is a way to protect the loan funds.To clarify the risk guarantee fund system,including the deposit and management of third-party institutions.We will strengthen protection of users' information,clarify the subjects of responsibility and formulate compensation standards,and guide legal and compliance recovery of debts.