Research On The Protection Of Creditors’ Interests In The Process Of P2P Internet Lending Platforms Exit From The Market

As the P2 P Internet lending platforms had run since june 2018,P2 P Internet lending industry began to enter the "clear tide".the country’s provinces began to exit the market.Hunan,Shandong,Chongqing and other places will clearly announce that all P2 P Internet lending bussiness will be banned.Facing the crisis encountered by the P2 P Internet lending platforms,in order to protect the systemic stability of the whole market,Local Internet Finance Association have issued relevant normative documents to guide the benign exit of market.In the process of P2 P Internet lending platforms exit the market,it is fundamental to protect the interests of creditors,so it is huge significance to perfect the relevant system of creditor’s interest protection in the process of P2 P Internet lending platforms exit the market.In addition to the introduction,This article is divided into four parts:The first part mainly expounds the concept and characteristics of P2 P Internet lending platforms exit the market,and analyzes the different types of P2 P Internet lending platforms.The P2 P Internet lending platforms is divided into information intermediary platform and alienated platform,and finally analyzes the need to protect the interests of creditors in the process of P2 P Internet lending platforms exit the market.The second part mainly expounds the status quo and problems of creditor’s interest protection in the process of P2 P Internet lending platforms exit the market.Local Internet Finance Industry Associations in order to make the P2 P Internet lending platforms can be benign exit the market and have issued the relevant industry normative documents,so as to provide a policy basis for the benign exit of the P2 P Internet lending platforms.The article lists the relevant policies of Bejing,Shanghai,Guangzhou and Shenzhen,and analyzes the protection of creditors’ interests in the process of P2 P Internet lending platforms exit the market by combing the main policies of the four cities.At present,there are mainly problems such as the lack of specific liquidation rules at the legal level,the imperfect disciplinary mechanism of the borrower’s malicious evasion of debt,the large obstacles faced by creditors in recovering investment,and the lack of long-term supervision mechanism of the regulatory authorities.The third part is through the introduction of the United States,Britain and Japan in the process of P2 P Internet lending platforms exit the market of creditors’ interests protection of the relevant system,such as the "Living will" system,the realization of third-party institutions to deal with the survival of the loan business system,the establishment of a third-party depository fund system.By analyzing the relevant systems of the British,American and Japanese countries on the protection of the interests of creditors,we can obtain the relevant enlightenment for the supervision of china’s P2 P Internet lending platforms,and provide better experience and lessons for perfecting the creditor’s interest protection system in the process of P2 P Internet lending platforms exit the market in our country.The fourth part,by combining the actual situation of China’s P2 P Internet lending platforms exit the market,presented the relevant strategies for the protection of creditors’ interests in the process of P2 P Internet lending platforms exit the market at this stage in our country.First of all,the relevant departments should establish a unified legal normative documents,so as to deal with the process of China’s P2 P Internet lending platforms exit the market in the protection of creditors’ interests for the legal aspects of the lack of problems.Secondly,the regulatory authorities can solve the problem of imperfect disciplinary mechanism of malicious debt evasion by increasing the illegal cost of malicious debt evasion,requiring the P2 P Internet lending platforms to improve the information disclosure system,and requesting the assistance of the judicial organs to deal with the imperfection of the disciplinary mechanism of malicious debt evasion in China.In addition,regulators can also through the prohibition of P2 P Internet lending platforms to intercept repayment,improve administrative law enforcement procedures,the establishment of whistle-blowers system and other means to solve the obstacles faced by creditors to recover investment.Finally,by further confirming the responsibilities and division of regulatory agencies,the establishment of a long-term regulatory mechanism for Internet finance,and the timely launch of mandatory exit review to deal with the lack of long-term regulatory system in China.