P2P网络借贷平台的异化及其规制

The Alienation of P2P Online Lending Platform and Its Regulation

以金融抑制为主要特征的现存金融体制造成了我国信贷市场长期供需结构失衡,分业监管体制下形成的监管真空和P2P行业中的羊群效应,使P2P平台逐步异化以适应我国独特的民间借贷市场。目前我国P2P平台大致可分为中介服务型、担保型、债权转让型三种模式,并以P2P平台为中心存在借款人、贷款人、平台和第三关联方四类主体之间的法律关系。针对P2P网络借贷这一金融创新模式各类主体,梳理其中的法律关系,从而揭示其异化的本质和对法律风险的提示,在分析目前监管现状、借鉴国外监管措施的基础上,提出完善法律规制的建议。

The existing financial system mainly featured by financial repression has caused a long- term structural imbalance between supply and demand of credit market in China. The supervision vacuum formed under separate supervisory system and the herd behavior in the P2P business have made P2P platform gradually alienated in order to adapt to our country＇s unique folk lending market. Now, there are three kind of P2P platform in China, including intermediate service model, guarantee model and credit assignment model. In the P2P platform-centered legal relationship, four subjects interact with each other, that are the lender, the borrower, the platform and the related third party. With the analysis of the four subjects and legal relationship of this kind of financial innovation model （P2P）, we will reveal the alien essence and alert the legal risks. What＇s more, based on the current situation of supervision and the experience of foreign regulatory measures, we will put forwards the advice on better legal regulation.