P2P网络借贷风险监管法律问题研究

发布时间：2018-08-07 10:16

【摘要】：近年来,作为国民经济重要组成部分的民营经济,由于受到国家金融抑制政策的影响,导致生产资金的严重缺乏而走入了困境,大量小微企业纷纷被迫退出市场。而在央行领导下的各大国有商业银行,也在自身利益驱使和一贯的所有制偏见下倾向于贷款给国有大型企业,对民间的小微企业和个人则表现的很是谨慎。此时,随着互联网行业的高速发展,网络经济成为了国民经济的新贵,一种依托网络的新型民间资金融通形式——P2P网络借贷产生了。它的出现为急需资金又缺乏融资渠道的民营企业和个人与拥有闲散资金却缺乏投资渠道的社会群众提供了资金融通的渠道。由于P2P网络借贷迎合了金融市场的需求,使其在短短几年之内就取得了极大地发展。但令人担忧的是P2P网络借贷在蓬勃发展之际,也出现了不少的问题。由于我国金融抑制政策压制和不成熟的征信体系,使得P2P网络借贷为适应环境在传入我国之时便发生了一些异变。为了防止P2P网络借贷继续畸形的发展,同时保证其充分发挥正规金融有益补充的作用,我们必须为其设置一条科学合理地法律规制路径。本文共分为三个部分:第一部分为P2P网络借贷的概述。介绍了P2P网络借贷的概念、特点、以及其作为民间金融的性质。接下来把视线定位到国内,分析其在我国产生的变形及原因。在此基础上,进一步分析异化前与异化后的平台交易中所涉及的相关法律关系。第二部分是对P2P网络借贷运作中风险来源的分析,并阐述我国目前监管现状。从风险来源的主体角度出发,深入分析网贷平台自身、借款人与贷款人在借贷活动中可能引发的风险。与此同时,阐明我国目前对于P2P网络借贷监管的主体、立法现状与监管存在的缺陷,为我国P2P网络借贷的监管措施提供根据。第三部分为P2P网络借贷风险防范的法律对策设计。首先为平台监管设定监管主体;之后进行具体制度设计,设置平台底线监管与分类监管制度,为平台划定红线,对不同执业类型的P2P网贷平台施行不同的监管对策,做到有针对性,监管措施合理、到位;引入融资担保机制,祛除平台自保,降低平台风险;同时完善平台信息披露工作,加强行业自律建设,实现行业内外共同监督机制。此外,提高投资者风险意识,加大投资风险的宣传教育工作。
[Abstract]:In recent years, the private economy, as an important part of the national economy, has been forced out of the market by a large number of small and micro enterprises due to the influence of the national financial suppression policy, which leads to the serious lack of production funds. Under the leadership of the central bank, the major state-owned commercial banks also tend to lend to large state-owned enterprises under their own interests and consistent prejudice of ownership, and are very cautious about private small and micro enterprises and individuals. At this time, with the rapid development of the Internet industry, the network economy has become a new national economy, a new form of folk capital financing based on the network, P2P network lending has emerged. The emergence of it provides a channel of financing for private enterprises and individuals who are in urgent need of funds and lack of financing channels and for the social masses who have idle funds but lack investment channels. P2P network loans meet the needs of the financial market, which has made great progress in a few years. But worrisome is P2P network loan is booming, also appeared a lot of problems. Due to the suppression of financial suppression policy and the immature credit system, P2P network lending has changed a lot when it was introduced into our country in order to adapt to the environment. In order to prevent P2P network lending from continuing to deform development and to ensure that it can fully play the role of beneficial supplement of formal finance, we must set up a scientific and reasonable legal regulation path for P2P network lending. This paper is divided into three parts: the first part is an overview of P2P network lending. This paper introduces the concept and characteristics of P2P network lending and its nature as private finance. Then the line of sight to the domestic analysis of its deformation in China and the causes. On this basis, this paper further analyzes the legal relations involved in the platform transactions before and after alienation. The second part is the analysis of the risk sources in P2P network lending operation and the current regulatory situation in China. From the view of the main body of the risk source, this paper analyzes the risks caused by the web loan platform itself, the borrower and the lender in the lending activities. At the same time, it clarifies the main body, legislation and defects of P2P network loan regulation in our country at present, and provides the basis for the supervision measures of P2P network loan in our country. The third part is the design of legal countermeasures to prevent the risk of P2P network lending. Firstly, the main body of supervision is set for the platform supervision, then the specific system design is carried out, the bottom line supervision and classification supervision system is set, the red line is delimited for the platform, and different regulatory countermeasures are carried out on different P2P network loan platforms of different types of practice. To be targeted, reasonable regulatory measures in place; introduce financing guarantee mechanism, remove the platform self-insurance, reduce the platform risk; at the same time, improve the platform information disclosure, strengthen the industry self-discipline construction, achieve the joint supervision mechanism inside and outside the industry. In addition, raise investor risk consciousness, increase the propaganda and education work of investment risk.
【学位授予单位】：辽宁大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.28

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