我国P2P网络借贷平台的法律性质与监管路径探析

发布时间：2019-01-12 14:45

【摘要】：P 2 P网络借贷是在传统金融媒介之外通过互联网使个人与个人之间达成借贷关系的一种新型资金融通模式。它的出现是对金融抑制政策下的金融市场寻求创新与突破的一种回应。网络借贷有力地解决了闲散的民间资本大量累积与小微企业融资困难之间的矛盾,盘活了民间金融与小微企业的资金融通,大大促进了信贷资源的合理分配。然而,在我国还处于发展初期的网络借贷市场鱼龙混杂,其中所出现的各种风险有愈演愈烈之势,社会对于网贷平台亟须监管的呼声也越来越高。网络借贷平台是否需要监管以及究竟如何监管,其法律性质的明确是前提。在我国多年来“分业监管”的金融监管体系下,P2P网贷平台这种涉及多重领域的金融创新形式势必给当前的金融监管工作带来挑战。一方面,其法律性质的不明确使监管主体的确定陷入困境;另一方面,不同领域的监管会给网络借贷设置多重门槛和限制,破坏网络借贷的成长环境,甚至抑制金融创新。如何在保障社会公共利益不受侵害的同时兼顾网络借贷经营效率的提升,正是目前网贷监管工作突破瓶颈的关键之所在。由此,网络借贷的监管路径应当经过严谨审慎的探究分析来选择和确定。因为不仅金融市场的自我调节会出现失灵,政府机构在监管实施的过程中也会受到其自利性的影响而致使作为被监管方的网络借贷经营者处于市场竞争中的不利地位。因而,鉴于对监管成本和效益的考虑,对网络借贷的监管应当采用政府监管与市场自律监管两条路径的相互结合的模式。但是,在行业的不同发展阶段,安全和效率的价值诉求总有主次之分。在当前网贷行业仍处于初期成长阶段的现实形势下,以市场自律监管为主导的网贷监管模式更能达到最优监管策略的实现要求。
[Abstract]:P 2P network lending is a new kind of financing mode which can make the loan relationship between individuals and individuals through the Internet outside the traditional financial media. Its appearance is a response to the innovation and breakthrough of the financial market under the policy of financial repression. Network lending has solved the contradiction between the accumulation of idle private capital and the financing difficulties of small and micro enterprises, has invigorated the financing between private finance and small and micro enterprises, and greatly promoted the rational distribution of credit resources. However, in our country, the network loan market is still in the early stage of development, the network loan market is mixed, and the various risks are becoming more and more serious, and the voice of the society for the network loan platform urgently needs to be supervised is becoming more and more high. Whether and how the online lending platform needs to be regulated is the premise of its legal nature. Under the financial supervision system of our country for many years, P2P network loan platform, which involves many fields of financial innovation, is bound to bring challenges to the current financial supervision work. On the one hand, the uncertainty of its legal nature makes the determination of the subject in difficulty; on the other hand, the supervision in different fields will set multiple thresholds and restrictions on network lending, destroy the growth environment of network lending, and even restrain financial innovation. How to protect the social public interests while taking into account the improvement of the efficiency of network loan management is the key to break through the bottleneck of the network loan supervision at present. Therefore, the regulatory path of network lending should be selected and determined through rigorous and prudent inquiry and analysis. Because not only the self-regulation of the financial market will fail, but also the self-interest of the government agencies will be affected by their self-interest in the process of the implementation of the supervision, which will result in the unfavorable position of the network lending operators as the regulated parties in the market competition. Therefore, in view of the consideration of the cost and benefit of supervision, the mode of combining government regulation and market self-regulation should be adopted in the supervision of network lending. However, in the different stages of development of the industry, the value of safety and efficiency is always the primary and secondary. Under the current situation that the net loan industry is still in its initial stage of growth, the model of net loan supervision, which is dominated by market self-regulation, can achieve the requirements of the optimal supervision strategy.
【学位授予单位】：湖南大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.282

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