Research On Civil Liability Of P2P Network Lending Platform In China

P2P network lending originated in the United K ingdom,grew in the United States and developed in China.After a period of development,P2 P network lending platform has formed a simple network lending service mode,guarantee mode,creditor's rights transfer mode and fund pool mode in actual operation.According to different modes of operation,the specific content of the civil legal relationship between the platform and the participants of online lending is also different,among which the simple mode of online lending service is the basis of other modes,mainly the legal relationship of the platform's online lending service contract;the guarantee pattern mainly involves the guarantee contract legal relationship;the platform operating the mode of creditor's rights transfer becomes the party to the loan contract while providing the intermediary service of network lending,and then signs the agreement of creditor's rights transfer with the lender,and the main legal relationship of this mode is the contract relationship of debt transfer;in the fund pool model,the lender often pays a deposit to the platform to join the investment plan,which involves the legal relationship of the predetermined contract.The platform must fulfill the agreed or legal civil obligations in the above legal relationship,and if it violates the obligations,it should bear civil liability.The study of the civil liability of the platform is to solve a large number of civil disputes involving the platform in practice.However,there are still some deficiencies in the special civil legislation on the platform,the positioning of information intermediary is not accurate enough,the existing credit information system is not perfect,and there are defects in the tort liability system.In response to the above problems,in reference to the relevant experience of the United K ingdom and the United States on the basis of further improvement: First,the establishment of a special civil legislation platform to supplement and improve the content of contract and tort liability.Secondly,we should fully consider the particularity of the platform subject in legislation and clarify the positioning of the platform subject.The main positioning of P2 P network lending platform should be analyzed according to its different business models,and should not be generalized.Finally,we should improve the existing credit information system and tort liability system,and reasonably identify the boundaries between privacy infringement and information disclosure.In the process of improving the credit information system in China,on the one hand,we should accelerate the docking of the platform and the central bank credit information system,and effectively crack down on debt evasion and cancellation;O n the other hand,we should fully draw lessons from the practices of Britain and the United States,encourage the establishment of credit reporting companies and strengthen cooperation with the platform,so as to make the platform more comprehensive in grasping personal information.In determining the boundary between the infringement of privacy and information disclosure,we should reasonably allocate various value pursuits according to the differences of social environment,the main purpose is to make them achieve balance.