浅析P2P网络借贷中的担保问题

A Brief Analysis of Guarantee Issues in P2P Network Loan

自2007年P2P网络借贷首次在中国出现,至今经历了10余年发展,网络的虚拟化、信用体系的落后、违约追偿的复杂、信息的不对称,都导致源自国外、以信用为保障的P2P网络借贷在中国本土化时出现了各种问题。为了增强行业竞争力,我国自2012年之后成长的网贷平台,大多数都借助提供担保的方式吸引资金来源。在P2P网络借贷模式下,大部分发生的是小额、跨地域借贷,由借款人自行提供担保不现实,而像英、美等国一样,以纯粹无抵押信用借款模式支撑中国P2P网贷模式也不现实。在此客观情况下,一方面为了控制借款的违约风险,保障出借人的资金安全,另一方面为提升平台的信誉能力,增加其竞争力,众多的P2P网络借贷平台提供了不同的担保方式,也产生了不同的法律问题。

Since the first appearance of P2 P network loan in China in 2007, it has experienced more than ten years of development. The virtualization of network, the backwardness of credit system, the complexity of breach of contract recovery and the asymmetry of information, all lead to various problems in Chinese localization of P2 P network loan which originates from abroad and is guaranteed by credit. In order to enhance the competitiveness of the industry, most of the online loan platforms that has grown in China since 2012 attract funds by providing guarantees. In P2 P network loan mode, most of them are small, cross-regional loans. It is unrealistic for borrowers to provide guarantees on their own, and it is impractical for China’s P2 P online loan model to be supported by purely unsecured credit borrowing model as in the United Kingdom and the United States. In this objective situation, on the one hand, in order to control the default risk of loans and guarantee the safety of lenders’ funds, on the other hand, to enhance the credibility of the platform and increase its competitiveness, many P2 P network loan platforms provide different guarantee methods, and subsequently produce different legal problems.