According to statistic, CCTV includes " news broadcast " , " focal interview " and " Chinese news " wait for authoritative column once 13 times the front reports P2P. In the meantime, the authoritative mainstream media such as the People's Daily, also for many times the net that force holds out normative operation borrows platform. What did this show?
Among them, CCTV news broadcast expresses: The antenna with powerful Internet of have the aid of, the image business commodity that yields each other to be not known completes process lending money euqally. The development of Internet finance, brought brand-new financial industry form, the financing environment that also allows small small company gets upgrading.
CCTV report still emphasizes, it is a lot of better that the net borrows the P2P that combines compasses operation to want to compare bank conduct financial transactions actuallyOn one hand, from legal laws and regulations the level is told, p2P net is borrowed get " contract law " and " civil code general rule " sturdy legal safeguard. Flow of specific operation details, business is in follow these code strictly, the gray region that any nonexistent saying that not clear path is unidentified. Moreover, the capital flow that precipitates folk rises, carry out went general benefit credence, just answered the call of finance of national general benefit, it is special health, sunshine, significant.
On the other hand, the 4 branches such as meeting, the Ministry of Public Security all published silver-colored inspect to make clear the code of the legal status of P2P, its are P2P surely: P2P network is leasehold belong to civilian leasehold category, suffer the code such as general rule of contract law, civil code and top people court to explain standard, protection about judicatory. So, p2P is lawful, be beyond question!
From the country the regulation of 4 ministries and commissions looks, since from 2007 P2P enters China, belong to folk leasehold, is not investment. Another branch that investment actually is gold of the each other that be brought into -- " numerous prepare " . Leasehold repay captital with interest, this with respect to of course. So P2P from at the beginning, its are qualitative already affirmatory, it is leasehold relation, is not investment. And the investment P2P that we say normally, it is the meaning of lend actually. Since superintendency fact inflict comes, corresponding also ground did the caption on the line of each big P2P platform to adjust, former and most caption is for instance alleged platform of P2P conduct financial transactions, from combining compasses point of view basically is unallowed, already all transformed loan, take out of conduct financial transactions. We also can see through the search a few support actively close compasses the platform that put on record, website caption had done those who answer to adjust:
1, the group borrows a net: The net of _P2P of Internet finance platform with reliable major of the round _ that borrow a net borrows investment service
2, Ppmoney: The Internet finance platform that PPmoney net borrows _ major - PPmoney
3, numerous gold is online: Numerous gold is online - P2P net borrows network of banking of platform _ Internet orgnaization of leasehold message medium
Graphic representation:
State law borrows P2P net fixed position to be folk leasehold, that can get the protection of leasehold law laws and regulations and standard. " top people court about trying statute of comfortable use of civilian leasehold case the regulation of a certain number of problems " in have specific standard:
The interest rate that leasehold both sides agrees did not exceed annual interest to lead 24% , lender requests borrower to pay interest according to conventional interest rate, people court should grant to support;
The interest rate that leasehold both sides agrees exceeds annual interest to lead 36% , the accrual agreement that exceeds a share is invalid. Borrower requests lender to return the interest that returns prepaid to exceed annual interest to lead 36% parts, people court should grant to support;
Lender and borrower agreed already interest rate of exceed the time limit, agreed penalty due to breach of contract is other perhaps again charge, lender can choose to advocate accrual of exceed the time limit, penalty due to breach of contract is other perhaps charge, also can advocate along with all the others, but add up to exceeds annual interest to lead the part of 24% , people court does not grant to support.
And integrated and current in light of the overall condition that P2P net borrows. P2P average interest rate is in 8%-12% , cease high individually platform also won't exceed 15% . With 24% what the country sets, having very big difference. So, capital and the accrual of 24% less than are protected by law.
