P2P net loan is a typical representative of Internet finance, and can help to boom private financial markets, promote financial democracy, develop inclusive finance, and encourage financial innovation in today’s world when " Internet Plus” has become an important medium in public innovation and entrepreneurship. However, alienated businesses exist universally in China’s P2P net loan platforms, which seriously deviate from the legal nature of information intermediary. The reasons for the problem mainly lie in unclear regulatory bodies and responsibilities in the legal supervision system, incompleteness of the market entry and exit legal system, unsoundness of the legal system of information disclosure and protection, a lack of funds safety standards and insufficient industry self-regulation. Therefore, it proposes legal regulation of the alienated management of P2P net loan platform, including clear positioning of P2P net loan platforms as information service agencies with CBRC and local financial supervision departments as its regulatory authorities, strengthening the system of market access record and bankruptcy liquidation management and establishing the third party custody system for funds. Besides these, it also suggests constructing a mixed model with government regulation and self-regulation of industry associations, and perfecting legal regulation content of alienation operation of P2P net loan platforms.
Legal Regulation of Alienation Operation of P2P Net Loan Platforms
Journal of Shanghai University of Finance and Economics Vol. 19, Issue 04, pp. 105 - 117 (2017) DOI:10.16538/j.cnki.jsufe.2017.04.009
Cite this article
Ding Guofeng. Legal Regulation of Alienation Operation of P2P Net Loan Platforms[J]. Journal of Shanghai University of Finance and Economics, 2017, 19(4): 105–117.
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