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在民间融资困难重重的情况下,市场释放出巨大需求。银行等正规金融机构贷款难的问题始终没有解决,地下钱庄等非法金融机构迅速蔓延,在解决部分资金流动性问题的同时,也造成高利贷猖獗,严重超出企业营业利润指数,造成企业负担。P2P网络信贷平台是一种披着合法形式外衣,从事违法活动的金融“创新”。本文就P2P网络信贷平台发展作出简要介绍,对其涉及的法律问题进行分析,主要是当前司法实践中,法学界争论的非法集资与网络信贷关系问题,结合法律、司法解释依据,作出阐述。为规范我国金融秩序,促进市场健康发展,顺应依法治国的要求,迫切需要制定相关法律,解决P2P网络信贷平台法律身份问题;此外,还须消除多头监管,明确监管部门,完善信用评级制度,保护投资者利益。
In the case of difficult private financing, the market released a huge demand. The problem of difficult loans to banks and other formal financial institutions has never been solved. The rapid spread of illegal banking institutions such as underground banks has caused some problems in the liquidity of loans while running rampant loan-sharking. This has seriously exceeded the operating profit index of enterprises and has caused the burden on enterprises. P2P network credit platform is a form of clothing covered in the lawful form of illegal activities in the financial “innovation ”. This article gives a brief introduction to the development of P2P network credit platform and analyzes the legal issues involved. The main problems are the relationship between illegal fund-raising and cyber-credit debates in the current judicial practice, and the elaboration is made on the basis of law and judicial interpretation. In order to regulate China’s financial order and promote the healthy development of the market, and in accordance with the requirements of governing the country according to law, it is urgently necessary to formulate relevant laws and solve the problem of legal status of the P2P network credit platform. In addition, long-term supervision, clear supervision departments, perfect credit rating system, protection Investors interests.