网络借贷的法律风险-英国Essay范文－r51due

英国essay论文精选范文：“网络借贷的法律风险”，这篇论文讨论了网络借贷的法律风险。网络借贷属于近年来新兴起的非正式金融模式，它能够实现货币在线交易，主要分为民间网络借贷和P2P网络借贷。网络借贷是存在法律风险性的，比如双方资信状况由于网络交易虚拟性的无法认证而导致的诈欺、违约或个人信息泄露等等风险事故，所以将P2P网络借贷作为理财渠道的用户更需要小心谨慎。

P2P lending platform is a complete network to the network financial transactions with the Fund lending, it is still relatively young, originated in 2005 of the United Kingdom. With the rapid development of the Internet, P2P network loan personal informal financial transactions has become popular all over the world mode, it provides the borrower with a transparent, direct possibilities of micro-credit transactions, as well as no guarantees of relative risk, high flow, especially in China, the hope credit as a financing channel of the P2P network users need to be careful.

Both roles involved in borrowing from the P2P network platform, on the borrowing and lending activities, they will be facing their own legal risk, will carry out analysis described in this paper.

In P2P networks in the lending process, lenders and cover the cost of the loan interest rate, cost of third-party payment platform and P2P platforms linked to management fees, three borrowing costs added to P2P networks real interest rates of up to 40%, this rate is much higher than the Bank base rate 4 times or even more of the people. Network of P2P lending platform in Beijing as an example, assuming real interest rates of loans to 1,000,001 reached 35.2%, compared to 7.12% Bank base rate in the same period, it has been completely out of the 4 times the upper limit prescribed by the law in China, so in terms of funds into, is unable to fully protect the interests of the lender.

From the borrower's perspective, he disclosed more information about themselves, his credibility is higher. In a P2P lending platform in the development of the network, people are more and more involved in lending activities, information accumulated more and more comprehensive. But borrowers need to take certain risks, namely the risk of disclosure of personal information. While in our criminal law amendment specifically for civil protection to the Privacy Act, but the informal network of P2P lending financial mode, involved in the platform's right to personal privacy is not protected by formal law, thereby causing the overhead of privacy protection on the Internet lending platform.

P2P platform are to follow at first perfecting of internal control system, before, during and after three steps to strengthen control of the legal risk of lending capacity.

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Control is the primary means to prevent full information to verify all borrowers on the P2P lending platform to reach a credit loan process. Based entirely on the borrower by the lender to complete the basic information on the judgment of loan funds, in addition to the traditional identity, status, income, personal credit reports, certification, certified video, audio is also necessary, comprehensive judge to verify the borrower's identity. Also, to judge the authenticity of the borrowers ' borrowing in detail, put an end to the fictional borrowing practices, required of a borrower's loan-related reasons and material evidence, such as business loan purchase contract, store leases and business licenses to produce, and so on.

In contrast, current P2P network platform in terms of personal maximum credit ceiling of borrowing limit is loose, such as Beijing's highest lending platform can be as high as 500,000 yuan. From the perspective of risk diversification, should ensure the highest credit risk not too high, because the risk is too high would have much effect on decentralized implementation of risk, is not conducive to judge the difference between borrowers ' ability to repay and credit rating. So according to the information provided by the borrower as they set different credit lines, established different standards of personal maximum loan amount. According to CBRC about the management of pilot consumer finance companies maximum loan balances stipulated shall not exceed 5 times the borrower's monthly income limits, to link payments with monthly income of the borrower, inhibit the borrower's mindless consumption, can also ensure that loan funds recovered on a regular basis.

Dang loan issued finished Hou, will focus put placed on loan principal and interest of recovered work, so loan party should through P2P platform monitoring mechanism, follow commercial banks of loan Hou management method, on borrowing people of financial status, and loan using status for has long-term continued sex of real-time monitoring, once found borrowing people of financial status occurred deterioration tendencies, on should immediately take related measures to protection loan party of itself interests. Such as administrative costs, or loan requires the borrower to show a certain amount of money before use and use scheme, subject to verification before making loans.

In short, borrowing P2P networks as the main form of modern social lending, it has its own convenient, entry barriers low, borrowing and low transaction cost characteristics, also have higher lending risks, defects such as lax protection of personal information, need to be improved gradually in the future development process. If the system can be improved, to exclude all possible legal risks, P2P networks will be the ease of borrowing and the individual owners of SMEs to finance working capital difficulties, absorbing social capital the most effective financial model.

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