I. Laws and regulations of peer-to-peer lending (I) Legal basis for the operation and charging of P2P peer-to-peer lending platform: According to Article 424 of the Contract Law, an intermediary contract is a contract in which the intermediary reports the opportunity to conclude a contract to the client or provides media services for concluding a contract, and the client pays remuneration. Article 426 of the Contract Law stipulates that if the trustee-trader facilitates the establishment of a contract, the trustor shall pay remuneration as agreed. (II) Legal basis for the loan between the investor and the borrower: (1) Article 19 of the General Principles of the Civil Law of People's Republic of China (PRC) stipulates that the legal loan relationship is protected by law. (2) Article 22 1 of the Contract Law stipulates that if the loan contract between natural persons stipulates to pay interest, the loan interest rate shall not violate the provisions of the state on limiting the loan interest rate. (3) Article 6 of "Several Opinions of the Supreme People's Court on People's Courts Handling Lending Cases" stipulates that the interest rate of private lending can be appropriately higher than that of banks, and local people's courts can specifically grasp it according to the actual situation in the region, but the maximum interest rate shall not exceed four times (including interest rate) of similar loans from banks. Beyond this limit, the excess interest will not be protected. Article 10 stipulates that a loan relationship formed by one party against its true meaning by means of fraud, coercion or taking advantage of the danger of others shall be deemed invalid. Article 1 1 stipulates that the lender knows that the borrower is borrowing money for illegal activities, and its lending relationship is not protected. Article 13 stipulates that in the loan relationship, the person who only plays the role of contact and introduction does not bear the guarantee responsibility. If there is a real intention to guarantee the performance of the debt, it shall be recognized as a guarantor and bear the guarantee responsibility. (3) Article 53 of the Guarantee Law of People's Republic of China (PRC) stipulates that if the mortgagee has not been paid off at the expiration of the debt performance period, he may agree with the mortgagor to receive compensation by discounting the collateral or by auctioning or selling the collateral; If the agreement fails, the mortgagee may bring a lawsuit to the people's court. Article 198 of the Contract Law stipulates that when concluding a loan contract, the lender may require the borrower to provide a guarantee. (IV) The State encourages the development of the Internet finance industry: (1) Article 40 of the Law of People's Republic of China (PRC) on the Promotion of Small and Medium-sized Enterprises stipulates that the State encourages all kinds of social intermediary institutions to provide small and medium-sized enterprises with services such as entrepreneurship counseling, enterprise diagnosis, information consultation, marketing, investment and financing, loan guarantee, property right transaction, technology holding, talent introduction, talent training, foreign cooperation, exhibitions and so on. (2) On May 4, 2065438+00, Article 36 of "Several Opinions of the State Council on Encouraging and Guiding the Healthy Development of Private Investment" clearly stated: encourage private capital to enter the financial field and initiate the establishment of financial intermediary service institutions. (3) Paragraph 16 of Article 6 of the State Council's Opinions on Promoting Information Consumption and Expanding Domestic Demand in June/3 proposes to build a safe and credible information consumption environment. Vigorously promote network trust services such as identity authentication, website authentication and electronic signature, and promote electronic business licenses. Promote internet financial innovation, standardize internet financial services, carry out certification of payment facilities of non-financial institutions, build a safe and credible mobile financial public service platform, and promote the development of multi-level payment system. Promote the coordination of national basic databases, financial credit information basic databases and other databases, and support the construction of social credit system.
Legal objectivity:
Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases Article 25 If the lender requests the borrower to pay interest at the interest rate agreed in the contract, the people's court shall support it, except that the interest rate agreed by both parties exceeds four times the market rate of one-year loan when the contract is established. The "one-year loan market quotation" mentioned in the preceding paragraph refers to the one-year loan market quotation issued monthly by the National Interbank Funding Center authorized by the People's Bank of China from August 20th, 20th, 20th19th. Article 668 of the Civil Code of People's Republic of China (PRC) A loan contract shall be in written form, unless otherwise agreed between natural persons. The contents of a loan contract generally include terms such as loan type, currency, purpose, amount, interest rate, term and repayment method. Article 680 of the Civil Code of People's Republic of China (PRC) prohibits high-interest lending, and the lending rate shall not violate the relevant provisions of the state. If there is no agreement on the payment of interest in the loan contract, it shall be deemed that there is no interest. If the loan contract does not specify the payment method of interest, and the parties cannot reach a supplementary agreement, the interest shall be determined according to the local or the parties' trading methods, trading habits, market interest rates and other factors; Loans between natural persons are regarded as interest-free.