我国P2P监管法律问题研究
发布时间：2019-06-05 01:36
【摘要】：P2P是起源于英国的一种新型金融产品,2007年进入中国。在当前我国金融环境较为压抑的情况下,P2P崭露头角作为传统金融市场的有效补充,近些年在我国得到了迅猛的发展。但是疯狂的增长带来了一定的负面作用,无准入门槛、无行业标准、无人监管,部分地区平台倒闭,诈骗钱财、卷款跑路的恶性事件时有发生。P2P有它自己的特点,专业性强、复杂程度高、较为隐蔽,而且进入中国以后,大部分平台不再是简单的信息中介。英美国家P2P行业发展在起步时也出现过各种各样的问题,但是通过监管部门和行业协会的不懈努力,制定科学的监管方案,监管体系也越来越健全,值得我们学习和借鉴。因此为了P2P行业能够长期健康有序的发展,建立健全金融法律体系,将其纳入监管体系势在必行。本文通过三部分进行阐述,最终给出适合我国P2P行业发展的监管模式:第一部分介绍我国P2P网络借贷模式。目前我国现存的主要模式有:经典模式、资金池模式、信用担保模式和自融模式。正文都将对其一一介绍并解释相应的运作方法。第二部分介绍我国P2P行业监管存在的问题。我国P2P行业现状的特点是:(1)平台数量多,交易额大。截止2014年末,可以查到的平台达到2000多家,交易额共计3000亿;(2)交易模式改革,从信息中介向信用中介转化,平台本身或第三方为投资人提供担保;(3)交易服务对象多为中小企业,为生产融资发放贷款,实属商业贷款,脱离了消费金融的属性;(4)基于当前国内征信体系不健全,平台多采取线上与线下相结合,线上招揽资金,线下物色借款人并审核借款人信用;(5)行业发展良莠不齐,秩序混乱,缺乏监管,没有行业标准,准入门槛低。第三部分针对我国现有的P2P现状和吸取英美两国的优秀经验,提出自己的监管建议。(1)监管要宽松,给与行业发展空间;(2)分类监管,针对信息中介给出明确的监管底线,不违反不干涉,监管重点是信用中介;(3)以银监会为核心监管部门,多部门协同监管;(4)设立行业准入制度,从发起人资格、平台技术要求、组织结构等方面进行规定;(5)根据平台规模大小,设立最低营运资本金,有效控制平台风险;(6)客户与平台自营资金分离,使交易透明化、正规化、有利监管;(7)保护消费者权益,建立投诉机构和提高处理效率。
[Abstract]:P2P is a new financial product originated in the United Kingdom, which entered China in 2007. At present, under the condition that the financial environment of our country is relatively depressed, P2P, as an effective supplement to the traditional financial market, has been developed rapidly in our country in recent years. However, crazy growth has brought certain negative effects, no entry threshold, no industry standards, no supervision, the collapse of some regional platforms, fraud of money, volume money running away from time to time malignant incidents occur. P2P has its own characteristics, strong professionalism, High complexity, more hidden, and after entering China, most of the platform is no longer a simple information intermediary. At the beginning of the development of P2P industry in Britain and the United States, there have also been a variety of problems, but through the unremitting efforts of regulatory departments and industry associations to formulate scientific regulatory plans, the regulatory system is becoming more and more perfect, which is worthy of our study and reference. Therefore, in order to develop P2P industry healthily and orderly for a long time, it is imperative to establish and improve the financial legal system and bring it into the regulatory system. This paper expounds through three parts, and finally gives the supervision mode suitable for the development of P2P industry in our country: the first part introduces the P2P network lending mode in our country. At present, the existing main models in China are: classical model, capital pool model, credit guarantee model and self-financing model. The main body will introduce and explain the corresponding operation methods one by one. The second part introduces the problems existing in the supervision of P2P industry in China. The characteristics of P2P industry in China are as follows: (1) the number of platforms is large and the transaction volume is large. By the end of 2014, more than 2000 platforms could be found, with a total transaction volume of 300 billion. (2) Trading mode reform, from information intermediary to credit intermediary, the platform itself or third parties provide guarantees for investors; (3) most of the transaction service objects are small and medium-sized enterprises, and the loans for production financing are commercial loans, which are divorced from the attribute of consumer finance; (4) based on the current domestic credit system is not perfect, the platform mostly adopts the combination of online and offline, online soliciting funds, offline search for borrowers and audit the borrower's credit; (5) the development of the industry is intermingled, the order is chaotic, the lack of supervision, there is no industry standard, the entry threshold is low. The third part puts forward its own regulatory suggestions in view of the current situation of P2P in China and the excellent experience of the United States and the United States. (1) the supervision should be relaxed to give room for the development of the industry; (2) classified supervision, which gives a clear regulatory bottom line for information intermediaries, does not violate non-interference, and focuses on credit intermediaries. (3) taking CBRC as the core regulatory department, multi-department coordinated supervision; (4) the establishment of industry access system, from the qualifications of sponsors, platform technical requirements, organizational structure and other aspects; (5) according to the size of the platform, the establishment of minimum working capital to effectively control the risk of the platform; (6) the separation of customer and platform proprietary capital makes the transaction transparent, formalized and beneficial to supervision; (7) protect the rights and interests of consumers, establish complaint institutions and improve the efficiency of handling.
【学位授予单位】：中国社会科学院研究生院
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.28
本文编号：2493154
[Abstract]:P2P is a new financial product originated in the United Kingdom, which entered China in 2007. At present, under the condition that the financial environment of our country is relatively depressed, P2P, as an effective supplement to the traditional financial market, has been developed rapidly in our country in recent years. However, crazy growth has brought certain negative effects, no entry threshold, no industry standards, no supervision, the collapse of some regional platforms, fraud of money, volume money running away from time to time malignant incidents occur. P2P has its own characteristics, strong professionalism, High complexity, more hidden, and after entering China, most of the platform is no longer a simple information intermediary. At the beginning of the development of P2P industry in Britain and the United States, there have also been a variety of problems, but through the unremitting efforts of regulatory departments and industry associations to formulate scientific regulatory plans, the regulatory system is becoming more and more perfect, which is worthy of our study and reference. Therefore, in order to develop P2P industry healthily and orderly for a long time, it is imperative to establish and improve the financial legal system and bring it into the regulatory system. This paper expounds through three parts, and finally gives the supervision mode suitable for the development of P2P industry in our country: the first part introduces the P2P network lending mode in our country. At present, the existing main models in China are: classical model, capital pool model, credit guarantee model and self-financing model. The main body will introduce and explain the corresponding operation methods one by one. The second part introduces the problems existing in the supervision of P2P industry in China. The characteristics of P2P industry in China are as follows: (1) the number of platforms is large and the transaction volume is large. By the end of 2014, more than 2000 platforms could be found, with a total transaction volume of 300 billion. (2) Trading mode reform, from information intermediary to credit intermediary, the platform itself or third parties provide guarantees for investors; (3) most of the transaction service objects are small and medium-sized enterprises, and the loans for production financing are commercial loans, which are divorced from the attribute of consumer finance; (4) based on the current domestic credit system is not perfect, the platform mostly adopts the combination of online and offline, online soliciting funds, offline search for borrowers and audit the borrower's credit; (5) the development of the industry is intermingled, the order is chaotic, the lack of supervision, there is no industry standard, the entry threshold is low. The third part puts forward its own regulatory suggestions in view of the current situation of P2P in China and the excellent experience of the United States and the United States. (1) the supervision should be relaxed to give room for the development of the industry; (2) classified supervision, which gives a clear regulatory bottom line for information intermediaries, does not violate non-interference, and focuses on credit intermediaries. (3) taking CBRC as the core regulatory department, multi-department coordinated supervision; (4) the establishment of industry access system, from the qualifications of sponsors, platform technical requirements, organizational structure and other aspects; (5) according to the size of the platform, the establishment of minimum working capital to effectively control the risk of the platform; (6) the separation of customer and platform proprietary capital makes the transaction transparent, formalized and beneficial to supervision; (7) protect the rights and interests of consumers, establish complaint institutions and improve the efficiency of handling.
【学位授予单位】：中国社会科学院研究生院
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.28
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