我国P2P网络借贷平台信息披露制度建构研究

The Research on the Construction of the Information Disclosure System of China's P2P Network Lending Platform

信息时代背景下,P2P网络借贷平台历经十余年发展,实现了从最初担任借款中介的单纯角色到当前扮演贷款、担保以及风评机构等多重角色的转换,随着平台业务范围的不断扩张,相应业务风险与监管难度也不断加大。本质上,促成借贷双方交易达成的关键是P2P平台所提供的信息,故强化监管的着眼点在于构建信息披露制度。一方面,制度须以反欺诈为核心、中和贷款人知情权与借款人隐私权之间的冲突;另一方面,应从披露主体、内容与形式等方面细化对P2P平台的信息披露要求。

Under the background of the information age, P2P network lending platform has developed for more than 10 years, achieved the changes from a single role as the initial borrowing intermediary to important multiple roles as lending, guarantees and risk rating agencies. However, with the continuous expansion and complexity of the platform business scope, the corresponding business risks and regulatory difficulty is also increasing. In essence, the key to achieving the deal between borrowers and lenders is the infor- mation provided by P2P platform, therefore, the focus of strengthening the supervision should be placed on building an information disclosure system. On the one hand, the system should be centered on anti-fraud and balance the conflict between lenders＇ right to know and borrowers＇ privacy. On the other hand, requirements on P2P platform information disclosure should be refined from such aspects as disclosing subject, content and form.