On The Legal Regulation Of My Country's Online Lending

In recent years,with the rapid increase of online lending business,network risks have been highlighted,and there have been a number of disputes that have been unable to recover from large loans,even cases of online loan fraud.On July 18,2015,10 ministries and commissions such as the people’s bank of China issued the guiding opinions on promoting the healthy development of the Internet financial,several existing in current situation of the Internet financial business model determines the regulator respectively,and puts forward the important guidance.P2P network lending is one of the more important models.So-called P2P lending is based on specific information intermediary-that is,a network platform,or a natural person or institution,is characterized by borrowing funds in the equivalence between the main body of the financing way.Because traditional financial institutions have high demand for lending,a large number of borrowers cannot get loans from traditional financial institutions such as Banks in time.Thus,internet-based online lending has been rapidly popular,providing a platform for these capital needs.However,as a new thing,network borrowing will always encounter various problems in the early stage of development and development.Therefore,how to conduct legal supervision and regulation becomes the urgent task.Based on the experience of legal supervision in the United States and British regulation experience,this paper puts forward some legislative proposals on the problems existing in the supervision of online lending platforms in China.Specifically,this paper discusses the following aspects:The first part of the article makes a brief introduction to the network of borrowing,lending to illustrate the network the background,the existence of risk,and introduces the business model of part of the platform in our country,the author analyses on it.The second part of the article mainly introduces the supervision mode and the current situation of the P2P online lending,and summarizes the existing problems in the legal regulation and regulation.This part also introduces the important legislation of relevant departments in China in 2015 and probes into the issue of moderate supervision of online borrowing.The third part of the article mainly introduces the experience of the network lending platform and regulation of the two countries.This part points out that the UK’s online lending supervision model has experienced the development of limited involvement from industry self-discipline to government.In the United States,the government has long put the Internet lending into the securities distribution field for more strict supervision.The advantages and disadvantages of these two models are analyzed and evaluated.The fourth part of the article in view of the former parts,draw lessons from British and American regulation experience,has carried on the analysis and research,from a clear legal status,regulatory means lending to network platform,market access,credit system and other aspects put forward the relevant legislative amendments,to promote the development of China’s online lending more orderly.