Core clew: In recent years, internet banking industry is swift and violent develop, if appear like emerge,P2P net borrows platform. This kind of platform will be small capital gathers rise, leasehold use to the person that have capital requirement, financing demand side was cast to produce not replaceable effect in contented small small company and individual. But as a result of P2P leasehold both sides is not acquainted, do not meet, put borrow examine a mechanism relatively comfortable, leasehold process is not had assure, the reason such as weak tie, the dispute that by P2P leasehold place causes also presents fulminant potential subsequently, among them arbitration hind enters partial issue classics finally the court executes an order compulsively, brought enormous challenge to carrying out the job, also expose the many weak point that give social government side. For this, zhejiang saves court of intermediate people of boat hill city to establish task group, the executive circumstance of leasehold and arbitral case undertook the experience P2P that accepted in July to coming in January 2018 the survey analysis of full-scale development.
One, the main feature that leasehold and arbitral case carries out experience P2P
1. carries out a basis to be arbitral adjudication book, and all fasten network arbitration.
P2P leasehold amount small, frequency second tall, trade both sides often crosses region, and traditional lawsuit costs long, cost tall, already satisfied hard efficient the demand that settles this kind of dispute. The arbitration is had agile, quick, do not suffer limitation of layer class district and adjudication to be able to be carried out compulsively wait for a feature, the is used extensively network arbitration since 2017 is afore-mentioned advantages play gets incisively and vividly more. Arbitral orgnaization passes the network to borrow platform butt joint with P2P net, relevant testimony material can borrow platform v from the net and push directly send to arbitral platform, from put on record, accept, service arrives all and arbitral program such as quote, sessional, adjudication can be in the net is aspirant row, the fastest 3 weekday can issue adjudication book. The network arbitrates grafting borrows platform to P2P net, can shorten considerably loan office of exceed the time limit buy is periodic, make the first selection solution of P2P leasehold dispute gradually. Data makes clear, came in January 2018 in July, boat hill quadrangle accepts P2P leasehold dispute carries out a case 26, involve arbitral orgnaization 5, executive basis all adjudicates on for network arbitration book, among them out spring city is arbitral 3 of committee, zhan Jiang is arbitral committee 17, international of the North sea is arbitral courtyard 3, baoding is arbitral committee 2, guangzhou arbitral committee 1 (see a picture one) .
2. " Xian Yuzhong is cut into parts " cause hypostatic controversy for a time, the effect after supreme court standard is apparent.
"Xian Yuzhong is cut into parts " it is to show lender or P2P net are borrowed platform had be notted fulfill in loan contract or borrower has not apply for the arbitration below the circumstance of break a contact, agreement of the contract that both sides signs before arbitral orgnaization basis, mediation make arbitral adjudication, issue become effective proof at the same time. In 26 afore-mentioned cases, executive basis has 17 for what Xian Yuzhong cuts adjudication into parts, occupy than 65.38% (see a picture 2) . Because make the dispute when the arbitration have not happen actually, during some borrower in practice are being fulfilled inside had repaid partial loan, but the applicant still applies for to be carried out compulsively with the loan principal sum that holds in adjudication book, cause debtor to be opposite the controversy of hypostatic amount. This year on May 28, " top people court about arbitral orgnaization " Xian Yuzhong is cut into parts " adjudicate on or case of intercessory book end, carry out wait for law the give an official of applicable problem " after announcing, put in the person that Xian Yuzhong dismisses case, all apply for a court self-consciously to be carried out compulsively no longer; Apply for a court to be carried out compulsively, in still can carrying out requisition compulsively special make clear, its are nonexistent grant first the illegal case such as the arbitration.
Avoid of ill will of person be executived carries out 3. more, case executive difficulty is great.
National People's Congress be executived is P2P leasehold case more all the year round outer Wu work staff, fluidity is great, the job lacks stability, do not have the saving or fixed assets commonly, executive difficulty is greater, and executive proportion of avoid of ill will of person be executived is higher. Statistical discovery, this kind of case is entered after executing an order compulsively, number of plane of hand be executived is made an appointment with 85% had stopped machine or for spacing. Although effective, also close machine, sedulous avoid not to pick up the telephone likely, perhaps add a setting, join forensic telephone call blacklist to give intercept. A lot of moment, the judge goes all lengths run around here and there, still cannot track person be executived to fall, report of executive advice note, property makes wait for legal copy clerk cannot service, more dissolve successfully through promoting a case with the direct contact of person be executived hard. Case of even if part is OK in home of ground of census register of person be executived find the close relative such as sister of its parents, brother, but they are not willing to replace Wu of its countervail repay a debt mostly.
Domain of 4. finance judicatory superintends hasten to father to P2P, should deny fulfill debt to be put in different sound.
P2P net borrows platform is the financial innovation outstanding performance in informatization times, in efficient match cast financing demand side to obtain bigger effect, but also put in the part leasehold platform moving management is non-standard, urge close illegimate, additional collection high specified number refers the outstanding question such as administration fee of service fee, credence, bring about borrower to borrow platform animosity to P2P net bigger. Be opposite as domain of finance, judicatory P2P is leasehold superintend strengthen stage by stage, the net borrows platform frequent " Bao Lei " or be banned to wait for reportorial common occurance, be carried out individually although the person is consentient to loan fact, also borrow with the net illegimate or for experience suspect blame, refuse refund. Even some network platform, lender makes concession, ask to pay principal only, person be executived also repudiate.
2, experience P2P is leasehold the outstanding issue of the report in arbitrating the case is carried out
1. arbitrates the orgnaization arbitrates individually program accuse lax
The arbitral orgnaization innovation with partial technology stronger actual strength rolls out cost the network with low, flow weak point, tall efficiency is arbitral, reduced party to share time economy cost of lawsuit, reduced force to urge those who accept event to happen, to alleviating social contradiction had positive effect. But in income of business of a huge sum stimulation falls, also individual and arbitral orgnaization grabs large P2P net to shift the resource of high grade client such as platform to contend for, appeared to hit legal edge ball " business innovates " , arbitral program guards a pass lax wait for a problem, "Xian Yuzhong is cut into parts " it is a most outstanding. Contract of individual case loan agreed controversy solves means to be forensic suit, but after dispute happening, give debit side the form with sending a short message to debtor, one-sided settles dispute manner change to be submission to arbitration, arbitral orgnaization still is maintained accordingly obtain jurisdictional, make arbitral adjudication.
2.P2P net borrows platform wind to accuse a system to be not perfected
P2P net borrows platform to basically satisfy the 200 thousand the following credit that the commercial bank covers harder not to have mortgage loan domain. Here premise falls, p2P net borrows platform to basically use data to change wind to charge pattern, use data to analyse probability of judgement borrower reimbursement, this process needs compose to build scientific and effective maths model not only, still need giant time and capital investment, optimize with the model with promoting data to accumulate. But some P2P nets borrow platform to go after business dimensions one-sidedly, use high risk to trade mode, necessary to the lack such as the state signing a letter of borrower, solvency identifying, analysis and answer a method, did not have effective risk examination and control to borrowing each medium, link after borrowing, for borrower " the money of beautiful other people, round oneself dream " left a space.
3. court carries out motivation to remain to increase
Copy clerk of law of become effective of experience P2P case fastens arbitral adjudication more, according to the relevant provision of the code of civil law, answer to be carried out by put on record of intermediate people court, but the forehead in view of mark of this kind of case is lesser, some courts think to carry out resource of wasteful and high grade judicatory by quadrangle. In the meantime, because this kinds of case is carried out,the person fulfills ability poorer, impact of data of qualitative to carrying out effect is bigger, forensic put on record carries out motivation to remain to increase.
4. society sincere letter system is still diseased
In recent years, construction of system of credit of our country society obtained greater progress, but as more certain than returning existence as developed country photograph difference, for instance social credence is commercialized, commercialize have not roll out in the round. Because break one's promise cost the inferior, social chasten price that break one's promise is not quite high, of P2P borrower break one's promise behavior cannot get effective keep within limits. In the meantime, the data source of major authority, for instance the information such as data of the system signing a letter of the Central Bank and individual accumulation fund, social security, not right still close legally compasses is normal management P2P network borrows platform wide-open, create asymmetry of partial borrower information, cannot produce effective credence to restrict to its.
3, promote experience P2P the countermeasure proposal that leasehold and arbitral case implements qualitative effect
1. strengthens the superintendency of pair of arbitral orgnaizations
The arbitration is the main component that dispute of our country diversity solves a mechanism, main effect is had in solving harmony of progress of economy of issue of civilian trade issue, service, stimulative society to stabilize, but program of individual and arbitral department guards a pass lax, certain new business goes " gray region " , affected arbitral fame and figure badly. Accordingly, want aggrandizement to arbitrate the ego of the orgnaization manages, compose builds normative and effective ego to supervise a mechanism, accept party of social organization, people, case actively supervise and the law of National People's Congress is supervised and the democracy of the the Chinese People's Political Consultative Conference is supervised. Relevant superintendency section should perfect superintendency measure further, through case check, program how-to, random selective examination, inform acceptance to wait, promotion superintends efficiency. Want innovation management way, information exposure, will arbitral complaint handling bring into credit management, build arbitral orgnaization sincere letter archives, promote arbitral committee standard to move.
2. is opposite strictly the checkup of executive basis
In arbitration of P2P leasehold case, leasehold person has broken couplet commonly, absent and arbitral proportion is extremely high. Mix legally to guarantee a program the basic rights and interests of leasehold person, the court is being carried out aggrandizement answers in the process the checkup of executable to arbitral adjudication sex, should dare not to grant to carry out " Xian Yuzhong is cut into parts " " without arbitral agreement " and accord with a code of civil law the 237th arbitral adjudication of the 2nd case. Get the intermediate court of justice with record larger amount, still can explore will all or partial case appoints force of area under administration to configure stronger basic level court to deal with, but should ensure carry out examine not vacancy.
3. increases the executive strength of pair of lawful arbitration
The accords with executive condition adjudication that makes lawfully to arbitral orgnaization, should give lawfully cash, severe blow is consentient to loan fact and escape the behavior of useless debt. Be carried out in view of this kind of case the person breaks couplet relatively general, executive process ought to innovate the means method that investigates a person to seek thing: It is to should pay attention to informatization to derive a function to search. Rely on " always be opposite always " the bank is carried out of the record on feedback receipt the person contacts means, even if these number some are already deserted, but pass number information, or can associated the date of communication software Zhang such as the Email to person be executived, QQ, small letter, executive policemen can add QQ, small letter accordingly, perhaps send email, get in touch with person be executived. 2 it is to should explore tone to take mobile APP data. The person that borrow according to the net is familiar with a network quite, leave the feature with network trace taller possibility, use a net to buy, meal, give the real name of travel to make a demand, the court can is opposite actively with popular APP platform receive, collect pertinent information. 3 it is to should rely on public security cloth to accuse essence of life to be checked definitely charge person be executived. The court will break couplet to be carried out person list refers public security branch, once person be executived appears take plane, car, ship and room, on the Internet bar case that must issue id card, door of the Ministry of Public Security will hit out immediately, the spot gives seize and turn over a court, this pair of keep within limits " play break couplet " behavior, awe effect is very apparent.
4. perfect society asks for letter system construction
The one annulus that innovation of forensic executive job and financial mode innovation are construction of system of letter of social ask forring, indebted also ask for those who believe a system to build achievement to prop up at the society. Accordingly, the relevant section such as judicatory, finance should raise a station, the height that asks for own job promotion self-consciously letter system construction to stimulative country will unite plan to advance. Borrow innovation to be with the net exemple, the form that large P2P platform wants to devote into big data credence actively to identify a mechanism is built, strengthen with Alibaba, Tecent, Beijing east wait for Internet bibcock enterprise to cooperate, trade in network behavior data, user the respect such as data, consumer credit data realizes mutual benefit to share, wait for a tool through algorithm of data mining, Natural Language Processing, AI, preference of record, consumption, leasehold to the economic atmosphere of every borrower, credence intent have panoramic style picture, the credence of trends identifying borrower changes, avoid needless bad Zhang risk. Company of the service that sign a letter can be explored introduce technology of area piece catenary, compose builds credit to manage Zhang book dispersedly, what record a net to lend borrower in the round in real time is of all kinds and daily honor the agreement setting, undertake to its scientific and accurate credence endows with cent, promote an individual to impose the potential value of the letter then. (origin " Chinese court net " )
