A2P投融资平台监管法律制度研究
发布时间：2019-06-24 22:21
【摘要】：在国家鼓励大众创业及实体经济恢复发展的时代里,众多中小企业的发展都面临着资金短缺、企业融资困难等问题;而另一方面,社会个体大众手中闲散资金逐渐增多,理财意识日益普及,投资欲望也愈发强烈。如何将闲散的社会资金集中起来,并用于需求旺盛的实体经济行业,这成了互联网投融资平台产生的最初的动因。由于中小企业担保资产少,信用等级不高,行业贷款审核手续复杂严格等原因,中小企业对商业银行融资的需求正逐步减弱,转而谋求其他多元化的融资途径;与此同时,互联网的普及以及计算机技术的发展,信息传递渠道的通畅等原因,使得资金从投资者手中直接输送到融资者一端成为了可能,A2P投融资平台应运而生并在市场中迅速的发展壮大。笔者主要结合当下A2P投融资平台的发展现状,以现实中A2P投融资平台发展中的可能遇到的风险和为题为落脚点,并试图从法律的角度针对存在的问题进行探讨分析并提出相关规范建议。全文主要分为四个部分。文章第一章节综合阐述了A2P投融资平台的相关基础理论:笔者先对A2P投融资平台的内涵进行简单的论述,进而分析其法律性质和定位;再通过与其他互联网融资平台的比较,对A2P投融资平台做了更深一步的分析;然后分析了平台通过此种模式开展业务的合法性基础以及现实成因,并概括性的说明了A2P投融资平台存在的核心价值作用。文章第二章主要对A2P投融资平台的内在法律关系进行细致的分析:笔者从A2P投融资平台参与者的角度出发,理顺各参与者间的业务联系,并总结了其中包含的居间服务合同关系、债权转让服务合同关系、保理合同关系等多个法律关系,为平台纳入法律规制奠定理论基石。文章第三章主要分析了当下我国A2P投融资平台暴露的、以及可能存在的风险隐患,总结了A2P投融资平台的信息披露不完整、平台存在自融机会、资金管理不当以及洗钱难以防范等问题;并通过研究我国目前的互联网金融监管现状,指出目前存在的监管主体权责不明确、监管法律依据政策性强等不足之处。文章第四章主要是根据前文所提及的关于A2P投融资平台存在问题和规制不足的原因,针对性的对规范A2P投融资平台、促进平台的规范发展提出相关建议。首先从经济学和法学角度阐述了规范A2P投融资平台的理论原因,进而提出从监管主体出发,明确监管主体的职责权限,落实监管责任,遵守监管原则;通过提高平台运营的透明度,督促平台披露完整的信息;利用第三方托管平台的交易资金以隔离平台的资金风险;制定标准的平台市场进入与退出机制,维护相关市场的秩序和安全;最后通过法律规制的完善,以期正式将A2P投融资平台纳入有法可依、有法可治的范畴。
[Abstract]:In the era of encouraging mass entrepreneurship and the recovery and development of the real economy, the development of many small and medium-sized enterprises is faced with problems such as shortage of funds, difficulties in enterprise financing, and so on. On the other hand, the idle funds in the hands of the individual public are gradually increasing, the awareness of financial management is becoming more and more popular, and the desire for investment is becoming more and more strong. How to concentrate idle social funds and use them in the real economy industry with strong demand has become the initial motivation of Internet investment and financing platform. Due to the small and medium-sized enterprises have few secured assets, the credit rating is not high, and the examination procedures of industry loans are complex and strict, the demand for financing of commercial banks is gradually weakening, and the demand for financing of commercial banks is gradually weakened, and other diversified ways of financing are sought instead. At the same time, the popularity of the Internet, the development of computer technology, the smooth transmission of information channels and other reasons make it possible for funds to be transferred directly from investors to the funders. A2P investment and financing platform emerges as the times require and develops rapidly in the market. Based on the present situation of the development of A2P investment and financing platform, the author takes the risks and problems that may be encountered in the development of A2P investment and financing platform as the foothold, and tries to discuss and analyze the existing problems from the legal point of view and put forward some relevant normative suggestions. The full text is mainly divided into four parts. The first chapter of the article comprehensively expounds the basic theory of A2P investment and financing platform: the author first briefly discusses the connotation of A2P investment and financing platform, and then analyzes its legal nature and positioning, and then makes a deeper analysis of A2P investment and financing platform through the comparison with other Internet financing platforms. Then it analyzes the legitimacy basis and practical causes of the platform to carry out business through this model, and generally explains the core value of A2P investment and financing platform. The second chapter mainly analyzes the internal legal relationship of A2P investment and financing platform: from the point of view of the participants of A2P investment and financing platform, the author straightens out the business relations among the participants, and summarizes many legal relations, such as intermediary service contract relationship, creditor's rights transfer service contract relationship, factoring contract relationship and so on, which lays the theoretical cornerstone for the platform to be brought into the legal regulation. The third chapter mainly analyzes the exposure of A2P investment and financing platform in China, as well as the possible risks and hidden dangers, and summarizes the incomplete information disclosure of A2P investment and financing platform, the existence of self-financing opportunities, improper fund management and the difficulty of preventing money laundering. Through the study of the current situation of Internet financial supervision in China, this paper points out the shortcomings of the existing regulatory subjects, such as unclear powers and responsibilities, strong regulatory legal basis and so on. The fourth chapter mainly puts forward some suggestions on standardizing A2P investment and financing platform and promoting the standardized development of A2P investment and financing platform according to the existing problems and insufficient regulation of A2P investment and financing platform mentioned above. First of all, this paper expounds the theoretical reasons for standardizing A2P investment and financing platform from the angle of economics and law, and then puts forward that from the supervision subject, it clarifies the responsibility and authority of the supervision subject, implements the supervision responsibility and abides by the supervision principle, urges the platform to disclose the complete information by improving the transparency of the platform operation, and makes use of the transaction funds of the third party hosting platform to isolate the capital risk of the platform. Make the standard platform market entry and exit mechanism, maintain the order and security of the relevant market; finally, through the improvement of legal regulation, in order to formally bring the A2P investment and financing platform into the category of law to follow and rule by law.
【学位授予单位】：安徽财经大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.28
本文编号：2505410
[Abstract]:In the era of encouraging mass entrepreneurship and the recovery and development of the real economy, the development of many small and medium-sized enterprises is faced with problems such as shortage of funds, difficulties in enterprise financing, and so on. On the other hand, the idle funds in the hands of the individual public are gradually increasing, the awareness of financial management is becoming more and more popular, and the desire for investment is becoming more and more strong. How to concentrate idle social funds and use them in the real economy industry with strong demand has become the initial motivation of Internet investment and financing platform. Due to the small and medium-sized enterprises have few secured assets, the credit rating is not high, and the examination procedures of industry loans are complex and strict, the demand for financing of commercial banks is gradually weakening, and the demand for financing of commercial banks is gradually weakened, and other diversified ways of financing are sought instead. At the same time, the popularity of the Internet, the development of computer technology, the smooth transmission of information channels and other reasons make it possible for funds to be transferred directly from investors to the funders. A2P investment and financing platform emerges as the times require and develops rapidly in the market. Based on the present situation of the development of A2P investment and financing platform, the author takes the risks and problems that may be encountered in the development of A2P investment and financing platform as the foothold, and tries to discuss and analyze the existing problems from the legal point of view and put forward some relevant normative suggestions. The full text is mainly divided into four parts. The first chapter of the article comprehensively expounds the basic theory of A2P investment and financing platform: the author first briefly discusses the connotation of A2P investment and financing platform, and then analyzes its legal nature and positioning, and then makes a deeper analysis of A2P investment and financing platform through the comparison with other Internet financing platforms. Then it analyzes the legitimacy basis and practical causes of the platform to carry out business through this model, and generally explains the core value of A2P investment and financing platform. The second chapter mainly analyzes the internal legal relationship of A2P investment and financing platform: from the point of view of the participants of A2P investment and financing platform, the author straightens out the business relations among the participants, and summarizes many legal relations, such as intermediary service contract relationship, creditor's rights transfer service contract relationship, factoring contract relationship and so on, which lays the theoretical cornerstone for the platform to be brought into the legal regulation. The third chapter mainly analyzes the exposure of A2P investment and financing platform in China, as well as the possible risks and hidden dangers, and summarizes the incomplete information disclosure of A2P investment and financing platform, the existence of self-financing opportunities, improper fund management and the difficulty of preventing money laundering. Through the study of the current situation of Internet financial supervision in China, this paper points out the shortcomings of the existing regulatory subjects, such as unclear powers and responsibilities, strong regulatory legal basis and so on. The fourth chapter mainly puts forward some suggestions on standardizing A2P investment and financing platform and promoting the standardized development of A2P investment and financing platform according to the existing problems and insufficient regulation of A2P investment and financing platform mentioned above. First of all, this paper expounds the theoretical reasons for standardizing A2P investment and financing platform from the angle of economics and law, and then puts forward that from the supervision subject, it clarifies the responsibility and authority of the supervision subject, implements the supervision responsibility and abides by the supervision principle, urges the platform to disclose the complete information by improving the transparency of the platform operation, and makes use of the transaction funds of the third party hosting platform to isolate the capital risk of the platform. Make the standard platform market entry and exit mechanism, maintain the order and security of the relevant market; finally, through the improvement of legal regulation, in order to formally bring the A2P investment and financing platform into the category of law to follow and rule by law.
【学位授予单位】：安徽财经大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.28
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