Research On Legal Regulation Of P2P Network Lending Platform

Based on the background of bankruptcy of P2 P lending platform,this paper analyzes the alienation of the development of P2 P lending platform in our country from the internal legal relationship,and analyzes the main operation mode of the platform in our country,that is,the traditional information intermediary mode,credit intermediary mode based on the transfer of creditor’s rights and credit enhancement intermediary mode.On this basis,the paper analyzes the practice of defining it as the information intermediary service organization in China.It is found that practice has its limitations,because there is a large amount of P2 P lending platform in China.Therefore,it is not suitable for the development of P2 P lending industry.The third chapter of the thesis takes the E ZuBao as the starting point to analyze the regulatory problems that P2 P network lending platform is facing in china’s development.After exploring the negative externalities of the platform,risks of lenders’ information asymmetry and risks of borrowers’ information assurance,the Bank shall propose the necessity of conducting legal regulation of the P2 P online lending platform.Then,by comparing the principle-oriented regulatory approach of the UK with that of the US and in combination with the regulatory advantages of neighboring Japan,it is proposed in two aspects of regulatory bodies and systems that China shall stick to the regulatory approach of combining central regulation with local regulation with the China Banking and Insurance Regulatory Commission as the regulatory body.Through the alienation of the development of P2 P lending platform in our country,as well as the study of the extraterritorial supervision model,we find that the main problems of the current supervision model and system are as follows:(1).In terms of the platforms,there are limitations in the filing access system,the industrial credit system has not been established,and the positioning of information intermediaries is limited.(2)Lender,Insufficient experience in wealth management and obvious herding effects.(3)Borrower,there are high risk of information leakage and inadequate platform protection;(4)Regulators are prone to have a lack of regulation and over regulation.Specific suggestions for improvement:(1)Tighten market access and replace the record-filing system with the licensing system.Adhere to the existing information disclosure system.Speed up the establishment of the industry’s own credit mechanism,while the existing credit system such as the central bank to cooperate.(2)Setting a maximum-security line for the investment capital of lenders to prevent their normal life maintenance from being affected due to too high risk.(3)Under the background of promoting the implementation of personal information protection system,more efforts shall be made to protect borrowers’ information by Internet professional means so as to reduce the risk of disclosing borrowers’ private information and business secrets.(4)Strengthen the China Banking and Insurance Regulatory Commission’s supervision over local regulators by starting from the internal supervision.