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Research On Legal Mechanism Of Withdrawal Of P2P Online Lending Platforms

Posted on:2021-02-20Degree:MasterType:Thesis
Country:ChinaCandidate:X W ShiFull Text:PDF
GTID:2416330626961144Subject:Law, civil and commercial law
Abstract/Summary:PDF Full Text Request
The rise of Internet finance,the most notable of which is P2 P online lending,started early,and made up for the shortcomings of the traditional financial industry,quickly attracted the attention of many investors,showing an explosive trend.However,due to the low industry threshold,relatively blank regulatory system and lagging law,the operational risks of online lending platforms became prominent,and illegal behaviors began to breed.With the gradual regulation and tightening of regulatory policies,platform was forced to withdraw from the market in great quantities,plus 2018 network lending industry caused another round of "Bao Lei Chao",the market economy in our country have a nontrivial instability.So network platform of benign exit loan caused the attention of the rectification task force of industry control,countries have issued a series of regulatory documents,and then put forward to institutions exit as the main direction of work,laid a P2 P network industry development loan advocate fundamental key.This paper focuses on the research on the withdrawal mechanism of P2 P online lending platforms.Through the analysis of relevant cases,the author knows about various operation modes and common illegal behaviors in the platform mode,so as to understand the impact of the differences in different modes on the withdrawal of platforms,so as to put forward specific suggestions.Through data analysis and literature research,this paper analyzes the current withdrawal status of P2 P online loan industry,understands the development trend of this industry,and summarizes the problems existing in the withdrawal tide of P2 P online loan platforms.Only by establishing a perfect exit mechanism can we reduce the risk of violation of laws and regulations in the process of withdrawal and effectively protect the interests of lenders.After a brief description of the development status,operation mode and common illegal behaviors of online lending platforms,combined with relevant contents of the withdrawal of P2 P online lending platforms,this paper points out the deficiencies in the current withdrawal mechanism of online lending institutions.Article sorted out the problem,from the angle of the five major compliance obligations set out from the platform,the intervention of criminal means,exit the interests of the investors in the process of internal coordination,exit process constraints supervision mechanism as well as P2 P platform on the aspects such as accountability for later cancellation,analyze various aspects of the defects in the concrete.Finally,according to the analysis results and found problems,corresponding suggestions are proposed.We should establish and improve the legislative norms for the withdrawal mechanism of online lending platforms,construct specialized documents for the withdrawal of platforms,change the stability goal of the withdrawal system of online lending platforms,set appropriate platform compliance obligations,put the interests of lenders in the first place,and comply with the operation law of the market.And we should improve the efficiency of platform deregistration,encourage the application of simple deregistration procedures to reduce the withdrawal cost of online loan institutions,strengthen the investigation of after-action responsibility for the application of simple deregistration procedures,and ensure the legal channels of lender relief,so as to truly protect the legitimate rights and interests of financial consumers and promote the development and application of new things in the industry.Perfect platform to exit in the process of supervision and restriction mechanism,set up many loan lender committee to coordinate the internal contradictions of human,establish a platform between the lenders and efficient channels of communication,feedback,and improve the introduction of the related content of third parties,safeguard consumer financial institutions with a third party on the platform of net lending out fully exercise supervision in the process.In addition,regulations on the withdrawal of online lending platforms should be improved,and criminal means should be carefully used to intervene in the withdrawal of platforms,establish the bottom line of rule of law for criminal law regulation and strengthen administrative regulations,so as to comprehensively guarantee the realization of lenders’ creditor’s rights.At the same time,strengthen the borrower’s credit risk prevention,reduce its escape from debt,damage the lender’s rights and interests.
Keywords/Search Tags:Lending to the network, Exit mechanism, Lender’s interest, Supervision
PDF Full Text Request
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