Reflection And Analysis On Legal Position Of Online P2P Lending Platforms

As an emerging financial mode,online lending has developed rapidly in China due to its own characteristics and market needs.However,due to factors such as the development of the platform itself and the lag of supervision,the online loan industry has also accumulated a lot of industry risks.Since 2015,the regulator has successively introduced a series of policies and regulations that regulate online lending.Due to the pressure of compliance,a large number of platforms have opted out of the market.In order to attract investors,some platforms conduct alienated operation and take risks,which results in frequent problems.From 2018 to 2019,the supervisors have stepped up their efforts to remediate and rectify non-compliant platforms,and many provinces and cities have banned all online loan platforms in their jurisdictions.The development prospects of the online lending industry have become a concern for all parties.This article takes the origin of the legal positioning of the online lending platform as an entry point.It first sorts out the historical evolution and development status of the online lending industry.By analyzing the operating mode of the platform,it clarifies the actual positioning of the platform,and reflects on the problems and the problems arising from the official positioning of the platform.Negative impact.Secondly,based on the analysis of the core elements of the legal positioning of the online lending platform and the mainstream theory of academic legal positioning on the platform,the legal nature of the online lending platform is analyzed and defined,and the platform is positioned as a "trustee" to achieve platform positioning and market The unification of demand and actual development status effectively protects the legitimate rights and interests of investors.Thirdly,according to the position of "trustee",the introduction of "fiduciary duty",from the basic legal obligations,fiduciary duties of the online lending industry,and the fiduciary obligations agreed by the platform and users,set platform obligations to restrict and regulate platform behavior.Finally,centering on the position of "trustee",tentatively put forwardsuggestions on a long-term mechanism for the standardized development of online lending,which contributes to the healthy development of the online loan industry and contributes to the realization of inclusive financial value.