严监管背景下P2P网络借贷平台法律监管制度的完善

Perfection of the Legal Supervision System for P2P Network Loan Platform under the Background of Strict Supervision

近年来,P2P网贷平台在我国发展迅速。由于缺乏专门立法和监管,其经营存在多种风险。以P2P网贷平台为研究对象,分析我国P2P行业的行业现状和监管困境,比较英美两国的监管经验,提出构建和完善我国P2P监管的建议,包括构建政府监管和行业自律双层架构、完善平台市场准入和退出机制、完善消费者权益保障制度和纠纷解决机制、建立信息披露制度、完善征信体系建设和信用评级制度。

In recent years, P2P network loan platform is developing rapidly in China. Due to the lack of special legislation and supervision, there exist many risks in its operation. Taking the P2P network loan platform as the research object, this paper analyzes the current situation and difficulties in the supervision of P2P industry in China, analyzes the regulatory experience in the United Kingdom and the United States, and puts forward some suggestions for constructing and perfecting the supervision on P2P platform in China, including building up a two-tier framework combining government regulation with industry self-discipline, perfecting the access and exit mechanism for the platform, optimizing the relevant system to protect consumers＇ rights and interests as well as the dispute resolution mechanism, establishing an information disclosure system, and improving the construction of credit system and credit rating system.