1.P2P online lending is called Peer-to-Peerlending in English, that is, peer-to-peer credit, and it is also called "everyone's loan" in China. Peer-to-peer online lending refers to the third-party internet platform built by P2P companies, which matches the borrowers and borrowers. It is a "person-to-person" direct credit model. That is, a qualified website (a third-party company) is used as an intermediary platform, the borrower issues the loan target, and the investor bids for the loan to the borrower.
2. Peer-to-peer lending refers to the process of lending, and information, funds, contracts and procedures are all realized through the Internet. It is a new financial model developed with the development of internet and the rise of private lending, and it is also one of the development trends of financial services in the future. According to the estimation of Online Lending House, as of September 20 13, the number of P2P online lending platforms is around 500. Since September 20 13, the linear speed of the new platform has reached 3-4 per day. It is estimated that by the end of 20 13, the number of P2P online lending platforms will exceed 800.
3. China P2P online lending platform can be analyzed from three angles. According to different lending processes, P2P online lending can be divided into pure platform mode and creditor's rights transfer mode. In the pure platform mode, the relationship between borrowers and lenders is realized through direct contact and one-time bidding on the platform; In the mode of creditor's rights transfer, professional lenders on the platform participate in the lending relationship. According to the application degree of Internet in the whole business process such as user development, credit review, contract signing and loan collection, the operation mode of P2P online lending platform can also be divided into pure online mode and online-offline combination mode.
4. According to whether guarantee is provided or not, P2P online lending platforms can be divided into unsecured mode and secured mode, and secured mode includes third-party guarantee mode and platform-owned guarantee mode.
What legal issues are involved in Internet finance?
I. Identity authentication
After the promulgation of the Electronic Signature Law, electronic signature has become a nationally recognized signature method. Digital signatures certified by third-party organizations can accurately identify the real identity of customers and are absolutely reliable. However, in the platform financing business, trading centers and other cooperative institutions may not be willing to cooperate with electronic certification institutions for cost reasons. In this case, in order to accurately verify the identity of customers, it is necessary to take relevant remedial measures: First, banks can urge trading centers and other cooperative institutions to continuously improve the security of their internal networks through contracts or other means. Second, banks can set necessary clauses in the platform agreement, such as: "I confirm that the network environment of the trading center is safe, and enter the user name (trading account number) and login password in the trading center network to sign my reliable electronic signature, which represents my true meaning."
Second, the effectiveness of the agreement.
In order to ensure the validity of the agreement, the bank should conduct necessary audits on the parties to the agreement to ensure that the natural person has full capacity for civil conduct and the legal person or other organization is established and legally exists. In view of the obvious advantages of banks in signing contracts, in order to ensure the authenticity of their intention to sign contracts, banks should pay attention to giving adequate risk warnings to customers in the contents of the agreements, so as to make the agreements conform to the principles of "compliant charging, high-quality pricing, openness and transparency, and diminishing profits".
Third, the burden of proof
"Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings" Article 75 After a witness testifies in court, he may apply to the people's court for payment of the witness's testimony fee. If the witness has real difficulties and needs to withdraw the fees for testifying in court in advance, the people's court may, upon the application of the witness, pay in advance before testifying in court.
Four. Service of notice
The significance of specifying the notification and delivery rules in the platform financing contract lies in: first, it is conducive to the smooth communication between banks and other signatories, and avoids misunderstandings or disputes caused by poor information communication during contract performance; Second, according to the provisions of the contract law, a unilateral legal act takes effect from the date when the notice reaches the other party. Therefore, clear notice and delivery rules are beneficial for banks to exercise their unilateral right of rescission or cancellation and safeguard their own interests.
Verb (abbreviation for verb) information is confidential.
Banks can take the following measures to avoid the responsibility of leaking customer information: first, customers issue power of attorney to clarify the authority of banks to own and use customer information; The second is to make clear the exception of confidentiality obligation in the agreement signed with customers; Third, in the agreement signed with the counterparty, it is clear that the counterparty has the obligation to keep confidential for the customer. In addition, banks should also strengthen employee training to avoid moral hazard of employees.
Intransitive verb customer notification
The significance of customer notification mainly lies in: through sufficient information communication, the customer can be clear about the nature of business and possible risks, so that the contracting behavior can represent its true meaning, ensure the legal effect of the contract, and avoid misunderstandings, conflicts and disputes in the performance of the contract. The key to customer notification lies in the truthfulness, accuracy, completeness and timeliness of information disclosure.
Seven. Customer authorization
In order to ensure the smooth development of business, banks should ensure that the authorization has sufficient breadth, including information use, financial supervision, fund transfer, credit inquiry, information retention and so on. In terms of the depth of authorization, it should be clear that the authorization is irrevocable, that is, the customer confirms that this authorization will remain valid until the platform financing business is terminated, and the borrower shall not revoke or terminate it in any way.
legal ground
"Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings" Article 75 After a witness testifies in court, he may apply to the people's court for payment of the witness's testimony fee. If the witness has real difficulties and needs to withdraw the fees for testifying in court in advance, the people's court may, upon the application of the witness, pay in advance before testifying in court.