中国P2P小额信贷中介服务行业法律监管研究

A Research on the Regulation of Peer-to-Peer Lending in China

基于对域外P2P行业监管的梳理和分析,结合我国P2P小额信贷中介服务机构所兼具的创新性金融服务机构、投资咨询类中介服务机构和电子商务金融创新服务平台的三重性质,我国应当尽快完善并不断发展P2P小额信贷中介服务行业的法律制度体系建设,践行多方推动、统筹兼顾、虚实结合、着力创新、注重实效、规范发展、保障安全的新型监管理念并将政府主导型监管制度和市场需求引致型监管制度演变相结合,从而建立起由中国人民银行主导监管、银监会在相应业务领域紧密配合、地方政府严格实施、工商行政管理机关和工信部门积极参与的P2P行业监管框架。

P2P industry is booming and growing, but exists a series of problems due to the regulation absence. Zopa is dedicated to promote the P2P regulation as well as the self-regulation in P2P industry in UK. Prosper Marketplace and Lending Club are facing the high regulation cost under the SEC regulation in US. Dodd-Frank Act gave a new opportunity for P2P indus- try in US. As a representative of developing countries, India still holds prudential and conservative supervision for P2P lend- ing. Based on the analysis of P2P regulation of foreign experiences and Chinese P2P institutions multiple features, the People＇s Bank of China should play as a leading role. China Banking Regulatory Commission also needs to exert important influences on the P2P regulation, as well as combine the closely cooperation with local governments, the Administration for Industry and Commerce and Ministry of Information Industry.