Research On The Issue Of Private Loan Guarantees

With the development of Internet technology,Internet lending has become a major component of private lending in China.Internet lending platforms often involve lending guarantees in their operations.Moreover,there is a kind of purchase-and-sale guarantee in China's private lending.In this type of guarantee,what's on the surface is that both parties sign a contract,but in essence it provides guarantee for the lending contract.Nowadays,the number of disputes over private lending grows significantly,and the situation is becoming more and more complicated.In response to this,the Supreme People's Court has promulgated the Judicial Interpretation of Private Lending,which recognizes the validity of Internet lending platform guarantees and trading guarantees.Based on Judicial Interpretation of Private Lending,this paper studies the issue of private lending guarantee.This article is divided into four parts.The first part is to sort out clauses in the Judicial Interpretation of Private Lending of the Internet lending platform guarantee and the purchase-and-sale guarantee,and combine the background to understand the legislative purpose of the Internet lending platform guarantee clause and the purchase-and-buy guarantee clause.The second part analyzes the validity of the Internet lending platform guarantee and the purchase-and-sale guarantee in the Judicial Interpretation of Private Lending,and analyzes the right and responsibility of the guarantor and creditor in the guarantee behavior of the Internet lending platform and attribute of right of the guarantee.The third part is the analysis of the Internet lending platform guarantee behavior and the purchase-and-sale guarantee behavior in the Judicial Interpretation of Private Lending so as to summarize shortcomings in the Judicial Interpretation of Private Lending about guarantee.The fourth part is the most important part,which proposes a solution to shortcomings in the Judicial Interpretation of Private Lending about guarantee behavior.The author recommends to strictly determine the responsibility of the Internet lending platform for self-guarantee;to limit the effective situation of the self-guarantee of the Internet lending platform;to establish the real estate purchase-type guarantee in the form of public registration;to improve the legal system for guarantee by enhancing legislation and to construct the transfer guarantee system.That is how we can fundamentally solve the problem in the purchase-and-sale guarantee.