Peer-to-peer lending, or peer-to-peer credit, refers to a new business operation mode in which social subjects lend their own funds to those who are short of funds by using the network platform of intermediaries. It is the development of private lending from "offline" to
The result of "online" is the embodiment of citizens' exercise of property rights. With the development of network technology, the formal financing channels are limited, the acquaintance society is deconstructed, the inflation rate is rising, the investment mode is limited, and the personal credit information system is limited.
The continuous improvement of P2P promotes the emergence and development of P2P peer-to-peer lending.
Online loan investment has the following characteristics:
1. The investment threshold is low.
In addition to the minimum investment requirement of 654.38 million yuan in lufax, the investment threshold of most online lending platforms is as low as that of 50 yuan. Compared with the high threshold of trust and bank wealth management products, online loan investment is a low-threshold mass wealth management product, which is suitable for investors from all walks of life.
2. The investment income is stable.
As a loan product with agreed interest rate, online loan investment has relatively stable income. Referring to the lending rate level of China's online loans in recent five years, on average, the overall rate of return is around 20%. Of course, with the recent emergence of new platforms with more marketing activities, the overall rate of return has an upward trend. The interest rate level of mainstream online lending platforms has steadily declined.
3. The investment period can be freely planned.
Online loan investment can choose the investment period according to its own needs and the actual situation in the future. Many platforms also allow investors to borrow money on the platform with unexpired investment as a guarantee to cope with unpredictable funds.
Demand. This allows the liquidity of online loan investment to be released. Investors can choose the investment period with reference to the future capital demand, or borrow money on the platform to withdraw cash temporarily and quickly. Encounter all kinds of funds in real life
Demand.
4. Systemic risk is the main risk of online loan investment.
As a form of networked private lending, the main risk of online lending investment is that if
If the borrower can't pay back the money, the investor may lose the principal. But in China, many online lending platforms act as financial intermediaries and guarantors. If the borrower fails to repay the loan within the time limit, the online loan platform will go first.
Paying the principal or principal and interest in advance allows investors to avoid the credit risk of the borrower's overdue repayment, and all the risks are only whether the online lending platform itself is reliable and whether the platform itself can withstand the pressure of overdue. As long as the platform exists
Now, investors have no risk of losing their principal.
Under the background of inflation, complex economic situation and few investment channels for investors to make money, the advantages of online loan investment have emerged.
First of all, compared with the depressed China stock market, depressed open-end funds and various private equity products, as well as low-yield savings and banking products that are closely related to CPI, the yield of online loan investment is stable and maintains a high level.
Secondly, the liquidity of online loan investment can be enhanced through reasonable planning, which is much stronger than trust products and has many similarities. In some platforms that can borrow net worth, apply for withdrawal in the morning, and the funds will reach the investor's bank card at noon or afternoon. The actual liquidity is stronger than that of the money fund.
Third, the lowest investment threshold allows everyone to enjoy the benefits of investment, which is impossible for most other investment tools, especially high-threshold trusts and bank wealth management products.
Fourth, compared with futures and other margin financing and securities lending products, the risk of online loan investment is moderate, and the risk is completely within the tolerance of ordinary people through diversification.
Finally, the requirements for investors are low. Online loan investment does not require much investment technology and experience. In the case that most platforms are guaranteed, you only need to choose a safe investment platform to get stable income. Moreover, some platforms have automatic bidding function, which can be set up without online automatic bidding, which is suitable for investors who don't have time to surf the Internet.
The online lending platform is a new stage in China, just beginning, beware of being cheated! Without the protection of laws and regulations, it is difficult to protect the rights and interests of wealth managers, so be careful, careful, careful, careful, careful!
Recommend several articles to prevent being cheated! Learn more, and the industry will have high returns after painful struggle!
First, the status of P2P peer-to-peer lending
Peer to peer network
P2P lending has developed rapidly since it was born in China in 2005, showing the development trend of doubling the number of business entities, expanding the coverage, expanding the scale of funds and increasing the number of participants. According to the existing P2P
The operation mode of P2P lending can be roughly divided into three categories: the first category, pure intermediary type. The operating subject of P2P peer-to-peer lending only acts as an intermediary between the borrower and the lender, and is responsible for reviewing the borrower's information without sharing it.
The risk that the borrower cannot repay the loan. The second category, composite intermediary type. The borrower and the operator bear the risks and the borrower's principal is guaranteed. By strengthening the credit review of borrowers, operators can ensure their timely repayment and reduce their own
Bad debt rate. The third category, compound intermediary and public welfare. This kind of operators have some special features in the subject of lending, mainly for college students, with the color of poverty alleviation.
Two, five types of economic crimes in P2P peer-to-peer lending.
Peer-to-peer lending is inherently "hard" (such as unclear nature and lack of supervision) and has its own unique characteristics (strong concealment and wide coverage). Taking the economic crimes in the field of traditional private lending as a mirror, people can't help worrying whether P2P peer-to-peer lending will become another "hardest hit" for economic crimes.
( 1)
The orientation of the subject is not clear, walking in the gray area. According to the Measures for Banning Illegal Financial Institutions and Illegal Financial Business Activities, illegal financial business activities refer to activities that illegally absorb public funds without the approval of the People's Bank of China.
Financial activities such as public deposits or disguised absorption of public deposits. Article 174 1 of the Criminal Law stipulates the crime of setting up financial institutions without authorization. Peer-to-peer lending has not been approved by the relevant financial regulatory authorities, although peer-to-peer lending has not.
The nature of commercial banks, but most of the business entities are responsible for managing the lender's funds themselves, and lending after reviewing the lender's conditions. This kind of behavior is similar to the savings and loan business of commercial banks, and it will inevitably become an economy.
Fear of criminal behavior may constitute the crime of setting up financial institutions without authorization.
(two) the source of funds can not be verified, which facilitates the crime of money laundering. Article 19 1 of the criminal law stipulates the crime of money laundering, which requires behavior.
People know that their actions are to cover up the illegal gains of crimes, conceal their sources and nature, and deliberately do it for the benefit, and hope that this result will happen. The cash flow of P2P loans circulates outside the bank's fund supervision system and becomes
A secret, safe and fast money laundering channel for criminals. However, P2P peer-to-peer lending operators only pay attention to the examination of the borrower's use of funds, and cannot verify the lender's source of funds, so it is difficult to identify the subjective intention of its money laundering crime.
Therefore, the crime of money laundering cannot be used to characterize the behavior of business entities and lenders.
(3) The borrower's credit verification system is not perfect, and fraud crimes occur from time to time. P2P loan operators have realized the rights of lenders.
The function of borrower's credit audit, the existing audit content is mostly limited to personal identity information, work certificate, bank flow, fund use, contact information and so on. , but the above information is easy to forge in the network, and the information reviewer
Failure to have full recognition ability is likely to lead borrowers to escape by defrauding loans with forged information. At the same time, peer-to-peer lending operators will also misappropriate the lender's funds, resulting in the result of "empty buildings"
The interests of employers are not guaranteed.
(4) It is easy for stakeholders to commit crimes. Peer-to-peer lending has the characteristics of involving a large number of people, wide geographical scope, strong concealment, supervision vacuum and imperfect credit review.
Absorbing public deposits, fund-raising fraud and other stakeholder-related economic crimes provide a protective barrier, and at the same time increase the difficulty of public security organs in investigating and cracking down on crimes, which is of great social harm. Without the approval of the competent authority, it shall not be specified to the society.
If the object absorbs a large amount of funds in a way that exceeds the legal interest rate, it constitutes the crime of illegally absorbing public deposits. If the illegally raised funds are squandered, fled, used for illegal crimes, etc., it constitutes fund-raising for the purpose of illegal possession.
Fraud.
(e) High return on investment leads to high-interest loans. Article 175 of the criminal law stipulates the crime of lending at high interest. Most of the interest rates finally determined by peer-to-peer lending through negotiation exceed
After that, the interest rate of bank loans at the same level was four times. The high return on investment will inevitably induce people who are short of funds but want to be opportunistic to take credit funds from financial institutions, and then lend them to profit through peer-to-peer lending platforms.
Interest, which constitutes the crime of usury.
Third, the prevention and control measures of economic crimes in P2P peer-to-peer lending.
(A) change management thinking and attach importance to the self-circulation system of the market economy. straight
Subsequent government supervision may not bring better results than market and enterprise solving problems. Therefore, we should regulate private lending behavior through legal means rather than rough administrative intervention, and give full play to the regulatory role of the market as much as possible.
Reduce the excessive interference of public rights in the operation of private rights, and let them find a path suitable for their own development through exploration.
(2) Accelerate the formulation and improvement of relevant laws and regulations. By enacting the Money Lenders Ordinance,
Measures for the Administration of Peer-to-Peer Lending, etc. , which stipulates the nature, status, organizational form, regulatory body, operating standards, access and exit mechanism of peer-to-peer lending, and guides the industry to develop in a healthy and orderly direction.
At the same time, it can also provide judgment basis for law enforcement agencies, so that there are laws to follow and the abuse of administrative power can be avoided. At the same time, the existing laws should be revised, the boundary between crime and non-crime of private financing behavior should be pointed out, and the key points should be clearly cracked down.
(3)
Establish an effective user identification mechanism. Accurate verification of users' personal information is a necessary prerequisite for P2P lending to become bigger and stronger. P2P lending operators should fulfill their social responsibilities and promise to prevent violations within their power.
The obligation of criminal activities. Accurately verify the user's identity information, source of funds, loan purposes, social relations, credit records, interest rate level and repayment situation, and notify relevant functional departments in time if any abnormality is found.
Take precautions before they happen.
(4) Strengthen the construction of network security. The process of peer-to-peer lending will involve the user's personal privacy and personal property rights. Therefore, it is necessary to upgrade peer-to-peer lending.
The confidentiality technology of customer information, personal information involved in the transaction process should be handled by a special person, destroyed in time, and an emergency plan for customer information disclosure should be formulated. Once information is leaked, it should be handled in time to reduce losses.
Minimize.
(5) Pay attention to the collection of electronic evidence. P2P lending activities are mostly completed through virtual network platforms, so electronic evidence has become the key evidence type to support litigation proof activities. Because electronic evidence is easy to be destroyed, easily changed and difficult to be extracted, peer-to-peer lending operators should make a good backup of relevant transaction records to improve the awareness of electronic evidence extraction and protection.
(6) The network supervision department of the public security organ strengthens supervision. Public security organs make use of the advantages of existing network supervision, set scientific and reasonable supervision indicators, build a long-term mechanism to combat and prevent illegal financial activities, conduct real-time dynamic monitoring of peer-to-peer lending websites, and check with other departments in time when abnormal situations are found, so as to nip stakeholder-type economic crimes in the bud.
(7)
Intensify social propaganda and expose the common tricks of criminals. Based on profit-seeking psychology, the public may ignore the illegality of related behaviors and discuss the common types and habits of crimes through TV, radio, newspapers, internet and other media.
Carry out multi-level and multi-angle propaganda with technical and dynamic characteristics, improve the identification and prevention ability of the masses and relevant units, and urge them to consciously resist criminal activities.
(eight) to develop more widely,
Diversified investment channels. The high-pressure regulation and control policy of the real estate market has discouraged many prospective investors, and the stock market downturn has disheartened the public investment groups, the inflation rate has risen, the profit return rate of industrial investment is low, and other investments.
Products are also far from the public's vision, which makes some investors enter the field of peer-to-peer lending. Therefore, opening up new investment channels and creating a good investment atmosphere are also feasible measures to spread the risks in the field of private lending and improve the investment and financing environment.
Measures.
I hope it helps you.