The Reaearch On Information Reveal Obligation Of P2P Online Lending Platforms

Since P2P online lending platform is a new financial product combining private lending and Internet,it has developed rapidly in foreign countries.China has a large number of small loan demand,the rapid development of online lending platform,but with it is the platform "runaway",borrowers default.In order to ensure the better development of P2P online lending platforms,the disclosure of information in online lending is particularly critical,and information disclosure is an important institutional guarantee for the legitimate rights and interests of creditors who contribute money.In the first part of this paper,P2P online lending platform is positioned as intermediary according to the interim measures,and the rationality of P2P online lending platform as intermediary is analyzed in combination with practical judicial cases to further explain the positive significance of relevant judgments on the development of online lending platform.At the same time,it analyzes the particularity of online lending platform compared with general intermediaries.The second part discusses the establishment and basic requirements of information disclosure obligation from the three aspects of legitimacy,content and disclosure criteria of P2P online lending platform,and analyzes the rationality and legitimacy of the evolution of information disclosure obligation from the general disclosure obligation of intermediary to the special intermediary of P2P online lendingplatform.In the third part,based on the reality that P2P online lending platforms,as intermediaries,should not only fulfill the obligation of confidentiality to users,but also undertake the obligation of information disclosure,it explains the limits of the obligation of information disclosure,that is,the subject of obligation should undertake the obligation of customer information security and coordinate the relationship with privacy protection.The fourth part elaborates the responsibility that the platform should assume for breach of the obligation of disclosure.Firstly,it analyzes the nature that the subject of the obligation violates the obligation of disclosure and the intermediary violates the obligation of truthful disclosure,and explains the necessity of assuming the responsibility for breach of contract.Secondly,from the four elements of torts,the torts liability for breach of disclosure obligation is analyzed,and the necessity of torts liability for damages is discussed.