下面为大家整理一篇优秀的paper代写范文- Internet Personal Loan,供大家参考学习,这篇论文讨论了互联网个人借贷。互联网个人借贷,指的是出借人通过合法互联网金融平台把自己的合法所得借出给他人在一定时期内有偿使用的互联网金融业务。当然,其中也有风险存在,就是借给他人后到期却无法收回,所以我们得规避这种风险。
Internet finance refers to the financial business that traditional financial institutions and Internet Platform Enterprises use Internet technology and information and communication technology to realize financing, payment, investment and information intermediary services.
Personal loan refers to the financial business in which a lender lends his lawful income to another person for a certain period of time.
Internet personal Loan refers to the Internet financial business in which lenders lend their lawful income to others for a certain period of time by means of legal Internet financial platform.
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The personal loan risk of Internet refers to the possibility that the lender will be unable to recover the loan due to the legal Internet financial platform after it has been loaned to others by contract.
System risk refers to the risk of all natural persons who are engaged in the investment and financing business through a network loan information intermediary. The risk mainly comes from the network loan information intermediary itself, may also come from the Fund trustee, the guarantee party and so on. Among them, the most common and most serious system risk is the risk caused by network loan information intermediary. For example, when a network lending information intermediary "ran", destroying all network lending information that should be kept, resulting in the inability of all investors on the platform to recover the systemic risk of principal and interest; For example, the guarantee company and the Internet financial platform belong to the same major shareholder, the two are in collusion, resulting in a third party guarantee in a non-existent, Even if the network loan information intermediary does not "flee", not bankrupt, the investor may also face the system risk which cannot recover the principal and the interest.
Individual risk refers to the risk of not returning the principal and interest of the lender as a result of default by some borrowers.
Compared with individual risk, system risk is a more serious risk, and it is the focus and difficulty of personal loan risk control of Internet.
The different kinds of Internet personal loan risk make the main body and measure of the control should also differ. The system risk should be dominated by the State, platform and personal control as a supplement, the individual risk should be based on platform and personal control, supplemented by state control.
The system risks to internet personal borrowing, such as the "Running" and closing of financial platform, are beyond the control of individual investors, as a platform for their own interests may not want to control. Therefore, the control of the risk should be mainly based on the state as the responsibility subject. According to the "guiding opinions on promoting the sound development of internet finance" issued by 10 departments such as the People's Bank of China on July 18, 2015, the CBRC should do the top design of the risk control and individual risk control of Internet personal loan system. The local financial Supervision Department should make the record, daily supervision and information disclosure of the Internet personal loan platform according to the specific management measures developed by the CBRC. The local financial supervision departments should be held responsible for the systemic risks caused by the irresponsible of the local financial supervision departments due to the failure of the legal record, the lack of information disclosure as required and the illegal fund-raising.
The individual risk of Internet personal loan should be based on network loan information intermediary and personal control. The primary responsibility of the platform is to ensure that the lending information issued is objective, true, comprehensive and timely. The platform for publishing false and misleading loan information should be investigated in accordance with the relevant criminal and civil liability.
As an individual investor, the main responsibility is to fully and correctly understand and interpret the information published by the platform, and to make appropriate investment decisions according to the information and rules provided by the platform, and to take responsibility for their own decision-making mistakes, and bear the principal and interest losses arising therefrom.
To ensure the independence of network lending information intermediary. The intermediary of network loan information must be independent when it is engaged in personal loan intermediary business. The so-called independence means that there is no economic interest relationship with the borrower or the lender. If there is a kind of economic interest relationship between the network loan information intermediary and the borrower, the two parties may collude to do the harm to the lender's interests. If there is an economic interest relationship with the lender, the two parties may collude to harm the borrower's interests. In real-world online personal lending cases, lenders are the most vulnerable to loss. Therefore, we should focus on ensuring that there is no economic interest relationship between the intermediary of the network loan information and the borrower. The common circumstances that may impair the independence of the intermediary of the network lending information are: The intermediary of the network lending information lends itself to the relevant parties, such as parent company, subsidiary, etc. The senior managers of the network loan information intermediary have close kinship with the borrower.
Strengthen the industry self-discipline of network loan information intermediary. The network loan Information Intermediary trade association should be established, and the industry self-discipline should be strengthened. Can consider the first in the economy developed, the Internet financial platform for more Beijing, Shanghai, Guangzhou, Shenzhen and other regions to carry out the pilot, and so explore the successful industry regulatory experience, and then work out a feasible network lending information intermediary practice guidelines, and nationwide promotion.
Regularly publish the National Network lending information intermediary key business indicators ranking. Regular through the CCTV economic channel to publish the National network lending information intermediary key business indicators ranking, for lack of financial knowledge of individual borrowers to choose the right network lending information intermediary to provide loans and investment reference information, thereby reducing the risk of personal credit network. These key business indicators include but are not limited to the following indicators: Year-End loan number, year-end loan amount, average annual loan interest rate, year-end lender number, year-end overdue loan number, year-end overdue loan amount, year-end overdue loan ratio, year-end borrower default number and proportion.
Standardize the content and format of Web information disclosure of network loan information intermediary. Information disclosure does not control all Internet personal credit risk, but the lack of information disclosure, false, misleading and so on will inevitably increase the Internet personal borrowing risk. True, accurate, complete and timely information disclosure is a basic work that the Internet individual credit risk control must do well. Specific recommendations are as follows:
First, the disclosure of the home page. Home is the first page of the Network loan information intermediary website, is also the most important page of the website each page. The page should disclose the information that lenders are most concerned about rather than the information that intermediaries deem most important. For example, a lender's investment should include, but not be limited to: first, a risk tip: a reminder of daily and temporary risks. The daily risks include prompting the lender to bear the principal and interest losses arising from the loan, and the temporary risks include the difficulties of the intermediary website operation, the postponement of the presentation, the abnormal network and the high level of the anomaly. The second is the type of the standard and the annual interest rate: The category includes pure credit, collateral, collateral, collateral and so on. The third is the basic information of the financing project, including but not limited to the project name, type, main content, geographical location, approval document, repayment source, loan use, loan amount, loan period, repayment method and interest rate, credit rating or credit score, guarantee situation. Four is the intermediary fee standard. Including the guarantee fee, the recharge fee, the present fee and so on. Five is the possibility of early redemption and redemption charges. The possibility of transfer and transfer of conditions and charges.
Second, the disclosure of the Personal Account page. In the case of lenders investing, the information that should be disclosed in the Personal Account page includes but is not limited to: first, the recharge situation, the second is to present the situation, the third is the balance of the account available, four are investment projects and electronic contracts, five is the calendar, six is the transaction record, seven is the disclosure of intermediary pages.
Simplify Internet personal loan litigation process and procedures. According to the current civil Procedure Law, who advocates the right who should initiate a lawsuit. In Internet personal lending, some lenders may borrow a small amount, such as less than 100 yuan. These people usually give up suing the borrower and cause their legitimate economic interests to be protected by law. To this end, the law should allow the highest lender in the subject to initiate the prosecution of the borrower as the prosecution representative. Once the lender's representative wins, the Law enforcement Agency should force the borrower to repay the overdue loan principal, interest and penalty interest to all lenders on the subject.
According to the current Code of Civil Procedure, "who advocates the right to testify", the plaintiff shall submit all legal evidence to the court. In the case of Internet personal borrowing, where a party representative is prosecuted, all lenders should be considered as a community of interests and can assist the lender's representative in submitting evidence of the proceedings to the court. The court shall treat the evidence provided by all borrowers as evidence provided by the lender on behalf of himself and adopt it.
According to the current Civil Procedure Law, the parties to the Court to submit a documentary evidence, should fill in a form of two proof list, details the name of the evidence submitted, the number of pages. After the evidence is checked by the court contractor, the Contractor shall sign and seal the evidence list, one to the parties and one for the record. In the Internet personal loan lawsuit, these procedures should be done through the court and the client's computer terminals. The court charges and other litigation charges should also be paid through the Internet third party.
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