| In recent years,P2P network lending industry has been popular and supported by the public because of its lower threshold than banks and wide range of loan amount.However,the previous fraud and serious financial crimes happened on the loan platforms such as Qianbao,e-rentbao and Dongfang venture capital.P2P network loan lenders are increasingly infringing,although the further settlement of the civil rights of creditors has also become a focus in this regard.Although the protection of creditors’ civil rights has been greatly enhanced by the well-established Consumer Protection Law,there are no separate laws and regulations to protect this area.Domestic and international scientists have focused on risk-based and management-based practices,although the study of the legal issues of protecting creditors’ rights is far from over.With regard to violations of the human right to the security of personal information,the right to know and the right to demand,the Special Rapporteur considers this to be a serious problem.The privacy rights of creditors are compromised by the inability of existing confidentiality technologies to keep up with the situation due to platform management issues;Although the identities of platform staff are different,due to lack of information audit and inconsistent information,creditors’ right to obtain information is violated.;the lack of risk control and guarantee mechanism,as well as the imperfection of the relief system and accountability system also fundamentally lead to the violation of the lender’s right to know It is difficult to further improve the protection of people’s rights and interests,we can learn from the experience of the United States and other typical countries.As for protecting creditors’right to personal information security,a personal information protection mechanism can be established,which will strengthen the management and accountability system of platform staff and clarify rules on the use of civil information.;in terms of protecting the lender’s right to know,we can clarify the information disclosure by unifying the information disclosure standards In order to guarantee the creditor’s rights,we should strengthen legislation,establish strict platform access and exit mechanism,improve the credit evaluation system of borrowers,establish diversified dispute resolution mechanism,we will improve the efficiency of litigation,standardize the risk control and guarantee mechanism,and ensure the compliance of credit claims.In addition,the establishment of Internet financing legislation system through innovation and the establishment of special financial consumer protection units will further help to protect the rights and interests of P2P network loan borrowers. |
