我国个体网络借贷资金安全制度保障研究

发布时间：2018-06-09 06:48

本文选题：个体网络借贷 + 合格投资者　；参考：《外交学院》2017年硕士论文

【摘要】：个体网络借贷是在互联网背景下的一次金融创新,主要为了满足小微企业、无法在银行获得贷款的个人的融资需求,以及大量社会闲散资金进行投资的需求。在其传入我国后得到了飞速的发展,但是其野蛮式地生长导致了资金池、非法集资、跑路等诸多问题,严重侵犯了投资者的合法权益,其资金安全得不到有效保障,同时也对互联网金融体系的稳定发展带来了致命打击。《网络借贷信息中介机构业务活动管理暂行办法》,成为第一部专注于规范个体网络借贷的部门规章,意义深远。其建立了合格投资者制度、资金存管制度等,但这些制度规范得相对简单,不能充分保障投资者的资金安全。故本文从个体网络借贷合格投资者制度、第三方资金托管制度、风险缓释制度三个方面,对个体网络借贷资金安全保障制度的完善提出建议。首先,应当完善合格投资者制度。在已规定的合格投资者条件的基础上,依据主体的不同,把投资者区分为自然人投资者和机构投资者。然后再根据投资者的风险识别能力和风险承受能力,把投资者区分为一般投资者、风险投资者和专业投资者,将其投资规模限定在合理范围内,以防投资者因投资失误造成严重的生产生活困难,进而影响社会稳定。其次,应当在现有的资金存管制度的基础上,构建第三方资金托管制度。托管机构由只承担对平台实名开户和履行合同约定及借贷交易指令表面一致性的形式审核责任,完善为承担对融资项目及借贷交易信息真实性的实质审核责任。此制度的完善能够有效监督平台独立于投资者的资金,防止平台通过虚假交易指令接触到投资者和借款人的资金,充分保障投资者资金安全。最后,应当建立风险缓释制度。一是建立风险准备金制度,由借款人缴纳一定的风险准备金,以独立的账户由商业银行托管,明确规定其所有权属于投资者。在借款人出现违约事由时,对投资者进行赔付,从而减小借款人违约带来的损失;二是面对商业保险高昂的保险费,建立相互保险制度,由投资者通过平台组织建立相互保险组织,共同缴纳一定的保险费用,对约定的保险事项进行赔偿,从而减小投资带来的风险。
[Abstract]:Individual online lending is a financial innovation under the background of the Internet, mainly to meet the financing needs of small and micro enterprises, unable to obtain loans from banks, as well as a large number of social idle funds to invest. After it was introduced into our country, it got rapid development, but its barbaric growth led to many problems, such as fund pool, illegal fund-raising, running the road and so on, which seriously infringed on the legitimate rights and interests of investors, and the security of its funds could not be effectively guaranteed. At the same time, it has also brought a fatal blow to the steady development of the Internet financial system. The interim measures for the Management of the Business activities of Network Lending Information intermediaries, which become the first departmental regulation focusing on regulating individual online lending, have far-reaching significance. It has established the system of qualified investors and the system of fund management, but these regulations are relatively simple and can not fully guarantee the safety of investors' funds. Therefore, this paper puts forward some suggestions on how to improve the security system of individual network lending funds from three aspects: the QFII system, the third party fund trusteeship system and the risk mitigation system. First, the QFII system should be improved. On the basis of the stipulated conditions of QFII, the investors are divided into natural investors and institutional investors according to the different subjects. Then according to the risk identification ability and risk bearing ability of investors, the investors are classified as retail investors, venture investors and professional investors, and their investment scale is limited to a reasonable range. To prevent investors from making mistakes in investment and causing serious difficulties in production and life, thus affecting social stability. Secondly, the third-party fund custody system should be constructed on the basis of the existing fund management system. The custodian only undertakes the formal audit responsibility of opening the real account of the platform and performing the contract agreement and the apparent consistency of the loan transaction order, and completes to assume the substantive audit responsibility for the authenticity of the financing project and the information of the loan transaction. The perfection of this system can effectively supervise the platform independent of investors' funds, prevent the platform from accessing the funds of investors and borrowers through false trading orders, and fully ensure the safety of investors' funds. Finally, risk mitigation system should be established. The first is to establish a system of risk reserve, with the borrower paying a certain amount of risk reserve, and a separate account to be managed by the commercial bank, which clearly stipulates that its ownership belongs to the investor. In the event of a breach of contract by the borrower, the investor should be compensated, thereby reducing the losses caused by the borrower's breach of contract; second, in the face of the high premium of commercial insurance, a mutual insurance system should be established. The mutual insurance organization is set up by the investors through the platform organization, and they jointly pay certain insurance fees to compensate for the agreed insurance items, thus reducing the risk brought by the investment.
【学位授予单位】：外交学院
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.296

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