我国债权众筹法律风险及其规制研究

发布时间：2018-09-14 13:30

【摘要】：众筹始源于欧美,在我国作为一种“舶来品”,依靠飞速发展的互联网为基础,进入门槛低,几乎没有身份、职业、年龄等等的限制,迅速在我国兴起。而债权众筹作为众筹模式中的一种,又作为国内互联网金融新兴行业,目前为止,该金融行业在互联网的推动下,快速被社会群众所知晓,由于债权众筹平台对投资者硬性要求并不高,对投资金额初始设限也很低,使得债权众筹深受普通老百姓的追捧,短时间内全国各债权众筹平台可谓是盛况空前。随着互联网金融行业的不断发展与扩大,债权众筹金融行业中诸多法律风险、法律问题也开始逐渐展现开来:集资诈骗、非法集资、平台“跑路”等等,问题不断,事故频发,致使广大投资者财产性利益遭受巨大损失,严重损害此行业的声誉,影响我国众筹金融行业健康发展,更不利于我国市场经济的稳定良性发展。本文以当前学术界研究和讨论最为热闹的P2P为研究理论基础,利用P2P中与债权众筹的部分相同性,理清两者关系,借鉴P2P中最为相似的法律风险和法律风险规制,对债权众筹法律风险及风险规制做进一步研究说明。全文总体分为五章。第一章为绪论部分,主要介绍说明本文的选题背景、研究的意义所在、并分别对国内外文献进行介绍、采用的研究方法以及论文的创新之处。第二章首先介绍了众筹的含义与特点,探析众筹的本质——金融脱媒,其中的“媒”指的是金融中介机构。然后再介绍了债权众筹的概念、特点以及债权众筹的背景理论:信用理论和普惠金融理论。最后,还以列举图片的方式,着重讲解我国债权众筹与P2P的异同,阐明两者的区别与联系,避免更多学者将两者混为一谈,最后得出结论:债权众筹外延远大于P2P,其不仅有P2P,还包括了P2B等,债权众筹与P2P是一种包含与被包含的关系。第三章逐一分析我国债权众筹参与主体的民事地位,说明各主体之间基于不同合同而对应出的不同民事法律关系,对各参与主体所享有的民事权利和应尽的民事责任进行仔细研究说明。第四章对我国债权众筹中最为主要和突出的法律风险进行分析研究,并一一列出各个风险:合同欺诈、非法集资、洗钱、集资诈骗、信息披露等等。理清法律风险产生的原因为下章节的如何对该法律风险进行规制做铺垫。最后一章除了介绍当前我国债权众筹的立法现状以外,再对之前研究分析的法律风险问题提出相应的规制对策,如明确第三方资金托管机构、完善个人征信体系、引入第三方担保机构、健全信息披露制度等,借鉴国外的对各国网贷平台法律风险的规制措施,结合我国债权众筹现状,对于如何规制我国债权众筹法律风险,提出自己的看法。
[Abstract]:Crowdfunding originated from Europe and America, as an "import" in our country, relying on the rapid development of the Internet as the basis, the threshold of entry is low, almost no identity, occupation, age and other restrictions, rapid rise in China. As one of the crowdfunding models, the creditor's rights crowdfunding has also become a new industry in domestic Internet finance. So far, the financial industry has been quickly known to the public with the help of the Internet. Because the creditor's rights financing platform is not high for investors, the initial limit on the investment amount is also very low, so the creditor's rights public funding is deeply sought after by the ordinary people, and in a short period of time, the creditor's rights financing platform is unprecedented. With the continuous development and expansion of the Internet financial industry, there are many legal risks in the creditor's rights financing industry, and legal problems begin to unfold gradually: fund-raising fraud, illegal fund-raising, platform "running the road" and so on. The problems are incessant and accidents occur frequently. As a result, the property interests of the vast number of investors suffer huge losses, seriously damage the reputation of this industry, affect the healthy development of the crowdfunding financial industry in China, and are not conducive to the stable and benign development of China's market economy. Based on the current academic research and discussion of the most lively P2P as the theoretical basis, the use of P2P and creditor funding in the same part of the relationship, draw lessons from the P2P most similar legal risk and legal risk regulation. Further study on the legal risk and risk regulation of creditor's rights raising. The whole paper is divided into five chapters. The first chapter is the introduction part, mainly introduces the background of this paper, the significance of the research, and introduces the domestic and foreign literature, the research methods and the innovation of the paper. The second chapter first introduces the meaning and characteristics of crowdfunding, and analyzes the essence of crowdfunding-financial disintermediation, in which "media" refers to financial intermediaries. Then it introduces the concept, characteristics and background theory of creditor's financing: credit theory and inclusive finance theory. Finally, by the way of enumerating pictures, this paper focuses on explaining the similarities and differences between creditor's financing and P2P in our country, clarifying the difference and connection between the two, and avoiding more scholars to confuse the two. Finally, it is concluded that the extension of crowdfunding is far greater than P2P, which not only includes P2P, but also includes P2B. The relationship between creditor's financing and P2P is a kind of relationship between inclusion and inclusion. The third chapter analyzes the civil status of the subject of creditor's rights financing in China one by one, and explains the different civil legal relations between the subjects based on different contracts. The civil rights and civil liabilities enjoyed by the participants are carefully studied and explained. The fourth chapter analyzes and studies the most important and prominent legal risks in the raising of creditor's rights in China, and lists the risks one by one: contract fraud, illegal fund-raising, money laundering, fund-raising fraud, information disclosure and so on. The causes of legal risk are laid the groundwork for how to regulate the legal risk in the next chapter. In the last chapter, in addition to introducing the current legislative situation of crowdfunding of creditor's rights in our country, the author puts forward the corresponding regulation countermeasures to the legal risk problems studied and analyzed before, such as clarifying the third party fund trust organization and perfecting the personal credit system. Introducing third-party guarantee organizations, perfecting information disclosure system, drawing lessons from foreign regulatory measures on the legal risks of Internet loan platforms in various countries, combining with the current situation of creditor's rights raising in China, how to regulate the legal risks of creditor's rights raising in our country, and how to regulate the legal risks of credit crowdfunding in China. Put forward one's own views.
【学位授予单位】：贵州民族大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.287

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