Peer-to-peer lending refers to the borrowing and lending of funds by both borrowers and lenders on the Internet platform. Online loans are mainly small, which originated in Europe and America during the financial crisis. P2P lending has made some achievements in alleviating short-term capital seeking, risk financing and opening up personal investment channels. In fact, online lending is not difficult to understand. All processes such as authentication, bookkeeping, clearing and delivery are completed through the network. Both borrowers and borrowers can make loans without leaving home. Moreover, the general amount is not high, unsecured, pure credit lending.
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1. Private lending, as an ancient financing method, has been upgraded by Internet technology in the Internet age, and has incorporated a faster innovative concept of peer-to-peer lending principle. The foundation of private lending is the natural ethical constraint of acquaintance society. In an acquaintance society, it is against the "closure" of fair market transactions, so it is not convenient to stipulate the rights and obligations of both borrowers and lenders. On the basis of traditional private lending, peer-to-peer lending has increased the elements of commercial operation, making the trading behavior tend to be market-oriented and large-scale. By establishing a safe, efficient and honest peer-to-peer lending platform, the lending process will be transparent and standardized, and both borrowers and lenders will benefit. The picture on the right illustrates the workflow of the online lending platform in detail: the borrower publishes information and the lender participates in the bidding.
Second, according to the Supreme People's Court's Opinions on People's Courts Handling Lending Cases, loans between natural persons, natural persons and legal persons, and natural persons and other organizations are accepted as lending cases, which ensures the organizational form and legitimacy of private lending. However, private lending should also follow some special legal provisions, such as the loan interest rate should not exceed 4 times the benchmark interest rate announced by the People's Bank of China. As for the relationship between natural persons and loan forms or platforms, there is no legal provision. However, it should be noted that if you deliberately attract others to lend with high interest rates, and use the funds for arbitrage, or cheat others to lend by deception, it will constitute a crime and be investigated for corresponding criminal responsibility.